DPA en Subcontractors: Wat U Moet Weten

Vraagsteller

Hello, Sorry I do not speak Dutch, thus I hope you can help me anyway. We have a contract with a consultancy company to build a tech solution. The consultancy company will come up with the overall design, but they have a subcontractor which will do the actual IT development. Which means that the consultancy company with which we have a contract is not in any way touching the IT environment, they only lead the strategy/design side of project. We signed DPA with the subcontractor directly, because the consultancy company won’t interfere in the data processing and they are not in any way interested to be involved in this. Is this ok to have a DPA directly with the subcontractor? Because some people say it is necessary to sign with the consultancy comppany and then they sign it with the subcontractor. Which means a direct DPA between me and subcontractor has no value. What are your thoughts?

Jurist

Your contractor is the consultancy company. Whomever they hire to work on your project is their contractor and their responsibility. There is no legal agreement between you and the subcontractor, therefore no reason for a DPA between yourselves. The correct way is a DPA between you and the consultancy company and a DPA between the consultancy company and the subcontractor.