You're sharing documents with contractors. Agencies. Software vendors. Each one potentially processes personal data on your behalf.
Without proper DPAs in place? You're personally liable for their mistakes.
A marketing agency leaks your customer list. Your problem. A freelancer mishandles employee data. Your fine. Cloud storage gets breached. Your responsibility.
DPAs shift some of that risk. But only if you handle document sharing correctly.
Here's the practical side nobody explains properly.
Secure your document sharing process
Before diving into DPA requirements, you need better sharing tools.
Ellty helps with the basics:
- Track who accesses shared documents
- Password protect sensitive files
- Control download permissions
- Monitor sharing activity
Not a complete DPA solution, but better than email attachments.
What's a DPA?
Data Processing Agreement. The contract between you (controller) and anyone who touches your data (processor).
Your email marketing tool needs one. Your CRM vendor. Your accountant. Anyone who sees personal data while working for you.
But here's what they don't tell you: sharing documents makes you a controller. And potentially them a processor. Even for one spreadsheet.
When document sharing needs a DPA
Sharing customer lists with your marketing agency? They're processing personal data. Need a DPA.
Sending employee records to your accountant? Processing personal data. DPA required.
Sharing analytics data with a consultant? If it contains identifiable information, you need a DPA.
Sending a proposal with just your own company info? No personal data about others. No DPA needed.
The line: if they handle personal data on your behalf, you need an agreement.
Document sharing reality
Most businesses share first, think about DPAs later. Or never.
Real scenario: You email a customer spreadsheet to your new marketing agency. They download it. Save it locally. Maybe upload to their cloud storage. Share with their team.
Where's that data now? Who has access? What happens when you end the contract?
Without a DPA, you don't know. And you're liable for wherever that data ends up.
What DPAs require
Clear Instructions
You must tell processors exactly what they can do with data. "Help with our marketing" isn't enough.
Better: "Use customer emails only for the Q4 campaign. No additions to your database. Delete after project completion."
Document these instructions. Email works. But trackable documents are better proof.
Security Measures
Your DPA must specify security requirements. But "appropriate measures" is too vague.
Be specific:
- Password protection required
- No saving to personal devices
- Encryption for any transfers
- Access logs must be maintained
Audit Rights
You have the right to check they're following the rules. But how do you audit document access?
With email attachments: impossible. With trackable links: see access patterns. With proper tools: full audit trail.
Deletion Requirements
Contract ends? They must delete all data. But prove they deleted that spreadsheet from six months ago.
This is why smart companies use revocable access. End the contract, revoke the links. Data becomes inaccessible.
Common DPA mistakes
The template trap. Downloading generic DPA templates. They rarely fit document sharing scenarios. Customize for your actual process.
The assumption problem. Assuming big companies have good DPAs. Their standard terms might make them the controller, not processor. Read carefully.
The scope creep. DPA covers "marketing services" but they start handling customer support emails. Scope expanded, DPA didn't.
The subprocessor surprise. Your agency uses freelancers. Those freelancers access your data. DPA didn't mention subprocessors. You're exposed.
Making document sharing DPA compliant
Before You Share
- Identify what personal data is involved
- Determine if they're acting as processor
- Get DPA signed FIRST
- Use secure sharing methods
Choosing Sharing Methods
Email attachments: No control after sending. Hard to prove deletion. Avoid for personal data.
Cloud storage links: Better than email. But check where data is stored. EU processors need EU storage.
Trackable documents: Best option. Access control, audit trails, revocation ability. Supports DPA compliance.
Setting Terms
Your DPA should specify:
- Exact purpose for data access
- Who in their organization can view
- How long they can retain
- Security requirements
- Deletion procedures
Ongoing Management
DPAs aren't set-and-forget:
- Review access quarterly
- Verify security measures
- Confirm data deletion
- Update terms as needed
Red flags
"We don't do DPAs." Run. They don't understand GDPR. Or don't care about compliance.
"Our terms of service cover this." Usually not enough. DPAs have specific requirements ToS miss.
"We're the controller, not processor." For your customer data? No. They're trying to avoid responsibility.
"Standard security measures." Too vague. Push for specifics. What encryption? What access controls?
Building your DPA process
Start simple:
- List everyone who accesses personal data
- Categorize by risk level
- Prioritize high-risk processors
- Create template for common scenarios
- Implement secure sharing tools
Don't overcomplicate. A simple DPA executed well beats a complex one ignored.
Tech stack reality
Your documents touch multiple systems:
- Your computer
- Email servers
- Their inbox
- Their cloud storage
- Their team's devices
Each point is a risk. DPAs should acknowledge this reality. And your sharing method should minimize touchpoints.
Make your document sharing more secure
DPA compliance starts with better document control.
Ellty helps with several key areas:
- See who's accessing shared documents
- Add passwords to sensitive files
- Prevent unauthorized downloads
- Revoke access when relationships end
While DPAs handle the legal side, secure sharing tools handle the practical side.
Remember: Tools support compliance, but don't guarantee it. Combine good contracts with good practices.
