New IT2018 General Terms and Conditions Published – Key Update, GDPR-Compliant Special Terms and Conditions Processing Personal Data
The new IT2018 general terms and conditions have just be published to replace the IT2015 general terms and conditions. The update is motivated by the EU’s General Data Protection Regulation (GDPR), which will be applied starting on 25 May 2018. The IT2018 general terms and conditions are meant to be applied in small and mid-size IT procurements between businesses.
The largest change is that special terms and conditions for the processing of personal data (EHK) have been added to help meet the GDPR’s requirements in IT deliveries. These special terms and conditions will be a welcome aid both in future IT projects and in updating existing agreements. The general terms and conditions and cloud service terms and conditions have also been updated.
The GDPR requires that the outsourcing of personal data processing must be agreed in writing between the data controller and the data processor. This means that when a supplier processes personal data on behalf of its client as part of an IT delivery, this processing requires a written agreement fulfilling certain minimum requirements. This applies to both new and existing agreements, which means that existing agreements will have to be reviewed and updated to meet the GDPR’s requirements. The GDPR sets the minimum requirements for such agreements, such as commitments to comply with the data controller’s instructions and implementing sufficient data security.
The IT2018 EHK terms and conditions meet the GDPR’s minimum requirements and can be used as a base for data processing agreements. However, when drafting an agreement, it is important to account for the nature of the product or service being delivered and to ensure that the obligations concerning, for example, data security are sufficient with respect to the risk of the processing being outsourced. The IT2018 general terms and condition assume that the EHK terms and conditions take precedence over the other IT2018 terms and conditions.
The IT 2018 general terms and conditions have been drafted in cooperation by the Finland Chamber of Commerce, Ohjelmistoyrittäjät ry, the Finnish Association of Purchasing and Logistics LOGY, Technology Industries of Finland and the Finnish Information Processing Association, TIVIA.
Read more about outsourcing personal data processing on out blog.
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