The General Data Protection Regulation (GDPR) continues to shape how organizations around the world collect, store, and process personal data. For businesses that operate in or serve customers in the European Union, having a clear, compliant GDPR agreement isn’t optional—it’s a legal requirement. Whether you’re working with vendors, clients, or data processors, having the right contractual clauses in place is critical.
This article explores the 3 best GDPR agreement samples in 2025, offering full breakdowns of each, who they’re ideal for, and how to adapt them to your unique use case. We also provide insights into key clauses every GDPR contract should include, and give real-world tips for using them correctly.
Why GDPR Agreements Matter
Before diving into the samples, let’s quickly clarify what a GDPR agreement is and why it’s essential.
A GDPR agreement, also known as a Data Processing Agreement (DPA) or Privacy Agreement, is a binding document between a data controller and a data processor. Its main function is to ensure that any entity processing personal data on behalf of a company does so in full compliance with the GDPR.
Failing to use a proper GDPR agreement can result in hefty fines (up to €20 million or 4% of global turnover), legal disputes, and reputational damage. These documents also serve as your safety net when dealing with audits or privacy-related complaints.
What Makes a Great GDPR Agreement?
The best GDPR agreement samples should be:
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Comprehensive: Cover all necessary legal points without being overly complex.
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Customizable: Easy to tailor to different industries, clients, or vendors.
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Compliant: Reflect both the letter and spirit of the GDPR.
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Clear: Written in understandable legal language for all parties.
Let’s now explore the top 3 GDPR agreement samples available today.
1. ICO’s Standard Data Processing Agreement Template (UK GDPR)
Overview:
Published by the Information Commissioner’s Office (ICO), the UK’s official data protection authority, this DPA is a reliable and highly authoritative model. Although it’s designed primarily for UK GDPR, it’s easily adapted for EU GDPR requirements.
Download Link:
You can find it on the ICO’s official website.
Key Sections Included:
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Subject matter and duration of processing
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Nature and purpose of processing
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Types of personal data and categories of data subjects
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Obligations and rights of the controller
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Processor’s obligations
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Sub-processor requirements
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Data breach notification
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Assistance with data subject rights
✅ Ideal For:
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UK-based companies
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EU companies with UK clients or vendors
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SMEs who need a strong base template
Why It Stands Out:
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Published by a regulatory body
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Includes model clauses for various use cases
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Frequently updated to reflect evolving GDPR interpretations
How to Use:
Make sure to replace placeholder text with your specific details and assess whether you need to localize it for EU jurisdictions.
Pro Tip:
For businesses operating in both the UK and EU, add an annex specifying the governing law and jurisdiction depending on where the data subject is based.
2. European Commission’s Standard Contractual Clauses (SCCs)
Overview:
The European Commission’s Standard Contractual Clauses (SCCs) are pre-approved legal clauses that can be used in contracts involving cross-border data transfers, especially when exporting data from the EU to third countries.
Since 2021, the EU SCCs were revised to better align with GDPR and the Schrems II ruling. The latest SCCs are modular and allow businesses to tailor the agreement depending on their specific data processing relationships.
Download Link:
Available directly from the European Commission website.
Key Modules:
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Module 1: Controller → Controller
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Module 2: Controller → Processor
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Module 3: Processor → Processor
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Module 4: Processor → Controller
✅ Ideal For:
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International companies
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SaaS platforms with cloud infrastructure outside the EU
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Vendors handling customer or employee data across borders
Why It Stands Out:
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Legal robustness—recognized by data protection authorities
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Covers international data transfer scenarios, unlike most DPA templates
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Modular format allows for custom combinations
How to Use:
Choose the right module(s) for your situation and complete the annexes:
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Annex I: List of parties, description of data processing
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Annex II: Technical and organizational measures
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Annex III: List of sub-processors (if applicable)
Pro Tip:
Even if you’re not transferring data outside the EU, using SCCs demonstrates strong compliance practices—particularly useful when undergoing client due diligence.
3. Termly’s GDPR-Compliant Data Processing Agreement Generator
Overview:
Termly provides an interactive DPA generator that automatically builds a GDPR-compliant agreement tailored to your business. It’s ideal for those who want a legally solid agreement without writing one from scratch.
Website:
Features:
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Step-by-step form asking about data types, processing details, and security measures
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Auto-generates a downloadable agreement in PDF or DOCX format
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Includes checkboxes for specific clauses (e.g., sub-processor consent, audit rights)
✅ Ideal For:
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Startups and freelancers
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Non-lawyers and busy managers
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Agencies working with multiple vendors
Why It Stands Out:
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No need to interpret complex legal language
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Creates a professional document in minutes
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Free for basic use (premium versions available)
How to Use:
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Sign up on Termly.
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Follow the prompts to describe your data processing setup.
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Review the output, then download and send it to your partners for signing.
Pro Tip:
Have your legal advisor review the generated document before signing, especially if you operate in highly regulated sectors like healthcare or finance.
BONUS: Key Clauses Every GDPR Agreement Must Include
While all the samples above meet GDPR requirements, it’s essential to understand what makes an agreement compliant. Here are the most important clauses to include in any GDPR agreement:
1. Purpose and Scope
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Clearly define why personal data is being processed and what kind of data is involved.
2. Data Processor Obligations
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The processor must guarantee compliance with GDPR, restrict processing to the documented instructions of the controller, and ensure staff confidentiality.
3. Sub-processing
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Processors must obtain written authorization from the controller before involving sub-processors and provide full transparency.
4. Security Measures
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A description of the technical and organizational measures to protect personal data (e.g., encryption, access control, backups).
5. Data Subject Rights
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Specify how the processor will assist in responding to requests from individuals (e.g., deletion, access, correction).
6. Breach Notification
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Define the time frame (usually within 24–72 hours) for notifying the controller of any data breach.
7. Data Return or Deletion
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Detail what happens to personal data once the contract ends—usually deletion or return to the controller.
8. Audit Rights
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Allow the controller to audit the processor’s data handling practices.
9. Jurisdiction and Governing Law
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Identify the applicable laws and courts in case of legal disputes.
When and Where to Use GDPR Agreements
With Vendors or Contractors
If your business hires a contractor to process personal data—such as a marketing firm or payroll processor—you must have a DPA in place.
With Cloud or SaaS Providers
GDPR requires that cloud vendors and platforms that store or process personal data sign GDPR agreements, particularly if located outside the EU.
With Clients or Partners
Agencies, freelancers, and consultants often process client data on their behalf, triggering GDPR obligations. Including a DPA in your contract avoids legal risks.
Internal Transfers
Even intra-company data transfers between branches (e.g., between EU and US offices) should be backed by proper documentation like SCCs or Binding Corporate Rules (BCRs).
Common Mistakes to Avoid
❌ Using a One-Size-Fits-All DPA
Each data relationship is unique. A DPA meant for a SaaS vendor won’t necessarily work for a logistics provider. Customize accordingly.
❌ Forgetting to Update Sub-processors
Failing to keep your list of sub-processors current can result in non-compliance and loss of trust from clients.
❌ No Breach Procedure in Place
Even with a GDPR agreement, if you lack real breach protocols, you risk delays and financial penalties.
❌ Signing Without Legal Review
Even great templates can have gaps. A privacy lawyer should at least skim your agreements—especially in high-risk industries.
How to Store and Manage Signed GDPR Agreements
Maintaining signed copies of DPAs is as important as drafting them. Here’s how to manage them effectively:
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Centralize Storage: Use document management platforms like Dropbox Business, Google Workspace, or OneTrust.
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️ Track Expiry: Set reminders for renewal or review dates.
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️ Version Control: Keep older versions to prove historic compliance if audited.
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Secure Access: Only grant access to staff who need it, and log all downloads or edits.
Conclusion: Which One Should You Use?
The right GDPR agreement template depends on your use case:
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Use the ICO template if you’re UK-based or want an official, regulator-approved framework.
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Choose the EU SCCs if you handle international data transfers or deal with US-based vendors.
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Go with Termly’s generator if you’re a smaller business looking for an easy, no-hassle tool to stay compliant.
Whichever sample you use, remember: a GDPR agreement isn’t just a legal box-tick—it’s a foundation of trust between you and your clients, partners, and users.