DPA (Data Processing Agreement)

Mandatory contract between the controller and the service provider whenever personal data is transferred – a GDPR requirement that is often overlooked.

A Data Processing Agreement (DPA) is a mandatory contract under Article 28 of the GDPR between a controller (event organizer) and a service provider that processes personal data on their behalf. It governs the subject matter, duration, nature, and purpose of the processing, as well as security and control obligations.

Legal basis: Article 28 GDPR

Form: Written, including electronic format

Sanctions: Up to €10 million / 2% of annual turnover

What is a Data Processing Agreement?

The Data Processing Agreement (DPA) – also known as an Auftragsverarbeitungs­vertrag (AVV) – is a mandatory document under the GDPR. Whenever an event organizer provides personal data to an external service provider who processes it on their behalf, Article 28 of the GDPR requires a written contract – before the first data flow occurs.

In event practice, this is often overlooked: organizers need a DPA with the printing service for name badges, the hotel for room allotments, the catering service, the email marketing provider, and the lead retrieval provider – with all these partners. Failing to do so leads to risks of fines and reputational damage.

When is a DPA necessary?

A DPA is required if:

  • Personal data is involved (names, emails, IDs, payment data, etc.)
  • A service provider processes data on behalf of the controller (not as a joint controller or independent recipient)
  • The processing is not merely an incidental part of another primary service (e.g., a tax advisor is a recipient, not a data processor)

Typical data processors at events:

  • Congress management software and SaaS providers
  • Email marketing service providers (e.g., newsletter tools)
  • Printing services for badges and programs
  • Hotels and hotel allotment agencies, provided they act on behalf of the organizer
  • Lead retrieval providers
  • Web analytics and tracking services
  • Telephone service providers for hotlines
  • Cloud hosting and backup providers

Mandatory content

According to Article 28(3) of the GDPR, a DPA must at least contain:

  • Subject matter of processing: What data is processed and why?
  • Duration of processing: How long is the contract term?
  • Nature and purpose: Specific operations (storing, sending, analyzing)
  • Categories of data subjects (attendees, speakers, sponsors)
  • Obligations and rights of the controller
  • Technical and organizational measures (TOMs): encryption, access controls, backup, pseudonymization
  • Instruction-based processing: service provider may only act on instructions
  • Confidentiality obligation of employees
  • Handling of sub-processors – list or individual approval
  • Data transfers to third countries: standard contractual clauses, adequacy decisions
  • Assistance and support obligations regarding data subject rights
  • Notification obligations in case of data breaches (within hours, not days)
  • Audit rights: organizer may have the service provider audited
  • Return or deletion of data after contract termination

Sub-processors

A typical SaaS provider works with other service providers themselves (cloud hosting, email delivery, monitoring). These are sub-processors. The DPA must regulate:

  • List of existing sub-processors with names, locations, and processing purposes
  • Approval of additional sub-processors (general vs. individual)
  • Notification period for changes
  • Right to object for the controller
  • Contractually equivalent obligations for sub-processors

Common practical mistakes

  • No DPA with the printing service for name badges – a common gap
  • "Light" DPAs without clearly defined TOMs
  • DPA signed after contract start instead of before
  • List of sub-processors is not maintained
  • Third-country data transfers not sufficiently regulated (be careful with US cloud providers!)
  • Outdated versions kept on file, failing to reflect new contractual situations

Best practices

  • Maintain your DPA list: Which service provider, which DPA, which version, which date?
  • Sign the DPA before the first data flow occurs, not retroactively
  • Use standard templates from the industry or your own data protection officer
  • Review the sub-processor list provided by the platform vendor
  • Prefer EU hosting whenever possible – it reduces third-country complexity
  • Treat the DPA as a selection criterion for new service providers

DPA in Converia

Converia provides an up-to-date, legally vetted data processing agreement that has been coordinated with the data protection officers of German universities – included in our general terms and conditions and customizable as needed. Includes a sub-processor list and an overview of technical and organizational measures.

DPA out-of-the-box, not as a special case

At Converia, the data processing agreement is standard, not an add-on – clearly documented and accessible at any time.

Legally vetted DPA during the onboarding process – including a sub-processor list.