A DPA outlines obligations between data controllers and processors regarding the handling of personal data under privacy laws. This playbook discusses key terms including processing scope, security measures, and cross-border transfers.
Why This Matters: Well-defined SLAs protect operational continuity, ensure service quality, and provide clear recourse in the event of underperformance.
Negotiation strategy
If you're the Data Controller:
Ensure SLAs are aligned with business objectives and include clear, measurable metrics. Negotiate for strong penalty structures to incentivize compliance.
If you're the Data Processor:
Propose SLAs that are achievable and align with your operational capabilities. Be prepared to discuss reasonable penalties and remedies for non-compliance.
Essential elements
1
Performance Standards
Defines service quality metrics.
2
Reporting Requirements
Specifies frequency and format.
3
Penalty Structures
Outlines consequences for failures.
Action framework
ACCEPT
Propose edits if SLAs lack clarity or measurability.
EDIT
Reject if SLAs are unenforceable or misaligned with objectives.
ADD
Add clauses if SLAs are missing or insufficient.
PRO TIP
Always ensure SLAs are specific and enforceable to avoid disputes.
Example clauses
FAVORABLE
Preferred Service Level Clause
"The Service Provider shall maintain a service uptime of 99.9% as measured monthly. Failure to meet this standard will result in a penalty of 5% of the monthly service fee."
NEUTRAL
Fallback Service Level Clause
"The Service Provider shall strive to maintain a service uptime of 99.9%. In the event of failure, the parties will negotiate a reasonable penalty."
UNFAVORABLE
Vague Service Level Clause
"The Service Provider will aim to provide high-quality service without specific metrics or penalties."
Fallbacks
For critical operations, enhance SLAs with stringent metrics and penalties to ensure protection and recourse.
Emerging Markets
In less stable markets, include flexible SLAs to accommodate potential service disruptions.
Long-Term Contracts
For extended agreements, incorporate periodic SLA reviews to adapt to changing needs and technologies.
Technology & DataPlaybook Template (Pro both parties )
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