Article 35 of the GDPR requires a controller to prepare a data protection impact assessment (DPIA) “where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons”. In addition, some factors are listed that would indicate such a high risk, which is discussed in the following table: In order to determine whether a DPIA is required, a controller must consider these factors as well as all other relevant factors with respect to the controller`s specific implementations and uses of Microsoft Azure. Microsoft is committed to complying with the GDPR and providing a range of products, features, documentation, and resources to help our customers meet their compliance obligations under the GDPR. The following is a description of Microsoft`s contractual obligations to its customers with respect to personal information collected by enterprise software: However, the Online Services Agreement includes an addendum to data processors. Because, as I perceive, we need a signed DPA because Microsoft handles our employees` personal data when we use Office 365. Is that right? Yes. The GDPR requires controllers (e.B. Organizations and developers who use Microsoft`s enterprise online services) only use subcontractors (such as Microsoft) who process personal data on behalf of the controller and provide sufficient safeguards to meet the key requirements of the GDPR. Microsoft has taken the proactive step of making these commitments available to all of the company`s online customers as part of their subscription agreements and to volume licensing customers as part of their enterprise agreements. Customers of other enterprise software generally available under license from Microsoft or our affiliates also enjoy the benefits of Microsoft`s obligations under the GDPR as described in this Notice to the extent that the software processes personal data.

From the effective date of the change, HubbubHR and our hosting processor will implement and maintain the security measures set out in this Annex 2 of the Data Processing Agreement. For more information, please see: www.microsoft.com/en-us/trustcenter/security We may update or change these security measures from time to time, provided that such updates and changes do not result in a deterioration in the overall security of the Services. To comply with the GDPR, Microsoft amended its professional services agreements to meet the requirements that needed to be included in its data processing agreements. Microsoft extends the provisions of the GDPR to all customers of generally available enterprise software products purchased by us or our affiliates in accordance with the terms of the Microsoft Software License Agreement effective June 25. May 2018, regardless of the applicable version of the Enterprise Software, to the extent that Microsoft is a processor or subprocessor of personal data in connection with such Software. and as long as Microsoft continues to offer or support the version. For more information about support, see the Microsoft Lifecyle policy under support.microsoft.com/lifecycle. How Microsoft tries to prevent breaches, how Microsoft detects a breach, and how Microsoft responds to a breach and notifies the data controller. Microsoft Product Support Contact: support.microsoft.com/en-us. The following table provides information about Microsoft Azure that is relevant to each of these elements.

As in Part 1, data controllers should consider the details provided in the table as well as any other relevant factors related to the controller`s specific implementation and use of Microsoft Azure. Under the General Data Protection Regulation (GDPR), controllers are required to prepare a Data Protection Impact Assessment (DPIA) for processing operations that may result in a high risk to the rights and freedoms of natural persons. Microsoft Azure itself is nothing inherent that would necessarily require the creation of a DPIA by a data controller who uses it. Rather, whether a DPIA is required depends on the details and context of how the data controller deploys, configures, and uses Microsoft Azure. For the avoidance of doubt, beta or preview software, hardware modified software, or software licensed by Microsoft or our affiliates that is not publicly available or otherwise licensed under the Microsoft Software License Terms may be subject to different or lesser obligations. Some products collect and send telemetry or other data to Microsoft by default. The product documentation provides information and instructions for disabling or configuring such a telemetry collection. Article 35(7) requires that a data protection impact assessment specify the purposes of the processing and a systematic description of the processing envisaged. A systematic description of a complete DPIA may include factors such as the type of data processed, the duration of data storage, the location and transfer of the data, and the possible access of third parties to the data.

In addition, the DPIA must include the following: For professional services contracts that currently do not have contractual obligations under the GDPR, the GDPR terms added to these agreements are included in Appendix 2 of the Microsoft Professional Services Data Protection Addendum. Please note that these new provisions of the GDPR only apply to the extent that Microsoft processes personal data subject to the GDPR. Microsoft`s contractual obligations with respect to the GDPR can be found in the Online Services Data Protection Addendum, which includes Microsoft`s privacy and security obligations, data processing terms, and GDPR terms for Microsoft-hosted services that customers subscribe to under a volume licensing agreement. These Terms require Microsoft to comply with the processor requirements of Article 28 of the GDPR and other relevant articles of the GDPR. I found information on MS websites that there is such an agreement. While I need it in Polish, it would be a good starting point to have it in English on how Microsoft helps data controllers perform privacy impact assessments. The purpose of this document is to provide data controllers with information about Microsoft Azure that they can use to determine whether a DPIA is required and, if so, what details should be included. To prepare for the General Data Protection Regulation (GDPR), please consult the resources in www.microsoft.com/gdpr. You can find this section under FAQ.

This Data Processing Agreement is effective from the effective date of the amendment (as defined below) and supersedes all previously applicable Data Processing Agreements or any previously applicable confidentiality, data processing and/or data security terms. Can someone help me and tell me where to download or get this agreement? How Microsoft enables data controllers and contractors to respond to requests for data access, deletion of data, or correction of inaccurate data. I am looking for a data processing agreement as we use Office 365 and are located in Sweden. May 25: e The new GDPR comes into force and by then we must have an agreement signed with Microsoft. Ben – have you contacted support? support.microsoft.com/en-us/help/28808/microsoft-store-contact-support GDPR requires a contract between each controller and the processor when personal data is disclosed. This means that Microsoft is either required to sign its customer`s processing agreement, or if Microsoft offers a product or service to the customer, Microsoft may draft the agreement. The GDPR also requires a processor (Microsoft) not to accept the personal data of a controller if there is no contract and informs that controller accordingly. So the question is where is the addendum on the processor for the GDPR. It`s certainly not on the resource side of the GDPR.

SalesForce has one. Oracle has one. AWS has one output. The page under www.microsoft.com/en-us/trust-center/privacy only to the same license documentation page that does not contain the required terms. All resources related to GDPR compliance can be found here: www.microsoft.com/en-us/trustcenter/privacy/gdpr/resources. What I really need is a DPA for Office 365 or instructions where I can find it or if it`s already included in the license agreement. @Anonymous you try to reach your local submarine? I did it based on this 2012 version and they had provided me with the Polish version of the online service contract with the privacy terms for Microsoft Unified, Premier and Consulting customers. Here is the link: Data Protection Addendum of Online Services, hopefully, it will remain valid for some time. For more information about Office 365 support, see support.office.com/en-us/office365admin.

I can`t go to the page, the page can`t be found. Where can I find Microsoft`s contractual obligations with respect to the GDPR? HubbubHR Data Processing Agreement V2.1 – September 2018 I`ve been working as a Call CenterAdvisor for a long time and I think it`s time to stay alone. Searching the license documentation page for “GDPR Terms”, “Data Processing Agreement”, “Privacy Addendum”, “Appendix 4” or related terms and conditions will come to nothing. Microsoft does not provide legal advice in this document. This document is provided for informational purposes only. Customers are encouraged to work with their data protection officers and legal advisors to determine the need and content of DPIAs in connection with their use of Microsoft Azure or another Microsoft online service. You can download the Office 365 security white paper from the following link: The link to aka.ms/gdprpartners canned work appears to be an international link. .