FIA Tech DPA FAQs

These FAQs are not intended to and do not constitute legal advice from FIA Tech to any party.  FIA Tech encourages you to consult with your own legal counsel regarding the revised DPA.  These FAQs do not constitute representations or warranties of FIA Tech and do not in any way form part of any agreement or terms, including, without limitation, the revised DPA, between FIA Tech and any party. 

Question: What is the DPA?

Answer: “DPA” stands for Data Processing Addendum.  In part, the DPA is intended to ensure that adequate safeguards are in place to promote the protection of personal data.  Please consult with your legal counsel to understand the specifics regarding scope, applicability, etc. of the DPA

Question: Why is FIA Tech revising the DPA?

Answer: This revised DPA is being provided, in part, to replace Privacy Shield as the mechanism upon which personal data will be transferred.  Specifically, Privacy Shield is being replaced with the EU Standard Contractual Clauses. 

Question: Which FIA Tech services are covered by the DPA?

Answer: All FIA Tech services, including Atlantis, Docs, OCR, eRecs and Databank, are covered by the updated Data Processing Addendum, to the extent an entity has contracted with FIA Tech for such services.

Question: We have several agreements with FIA Tech.  Is there a different DPA for each, and do we need to sign multiple DPAs?

Answer: No, FIA Tech is planning to have one DPA with applicable individuals or legal entities, regardless of whether such individual or legal entity uses one FIA Tech service or multiple. 

Question: We have several agreements with FIA Tech, who signs the DPA?

Answer: FIA Tech cannot advise on who needs to sign this document for any individual or legal entity. However, we would point out that Section 9.10 of the main DPA provides: “The signatories hereto warrant and represent that they are duly authorized to bind the respective party, and to execute this DPA and all Attachments, Appendices, and Annexes hereto.”

Question: Who needs to sign this document for my firm?

Answer: FIA Tech cannot advise on who needs to sign this document for any individual or legal entity.  However, we would point out that Section 9.10 of the main DPA provides:  “The signatories hereto warrant and represent that they are duly authorized to bind the respective party, and to execute this DPA and all Attachments, Appendices, and Annexes hereto.”

Question: What are the amendments and annexes to the DPA?

Answer: The Attachments, Appendices, and Annexes to the DPA are outlined as follows:

(I) Attachment 1 Details of the Processing Activities

(II)   Attachment 2 Sub-Processor/Covered Supplier Listing

(III)  Attachment 3 Standard Contractual Clauses (Controller to Processor)

(a)  Appendix 1 Designation of Exporter/Importer and Processing Operations

(b)  Appendix 2 Description of the Importer’s Technical and Organizational Measures

(IV)    Attachment 4 Standard Contractual Clauses (Controller to Controller)

(a)  Annex A Data Processing Principles

(b)  Annex B Description of the Transfer

Question: It may take us some time to review the DPA, what will the effective date on the DPA be?

Answer: The date associated with the DPA will be the date inserted in the relevant fields by the counterparty/signer. 

Question: I am a natural person with an OCR profile, what do I do?

Answer: In many instances, we anticipate that OCR users will be accessing the OCR system on behalf of a legal entity.  For example, where an individual works for an OCR reporting firm (e.g., an FCM) and manages OCR profiles pursuant thereto, it may be appropriate for a DPA to be signed on behalf of such OCR reporting firm.  If you believe that you should be signing the DPA on behalf of an individual (including yourself), please reach out to FIA Tech to discuss. 

Question: I am not the correct person to accept the DPA for a legal entity, why am I seeing the DPA dialogue box?

Answer: All individual users that FIA Tech considers to be associated with certain legal entities/organizations are being presented with the requirement to sign the DPA as of December 2022.  If you are not the appropriate person to sign the DPA on behalf of a legal entity, you can request a fillable PDF copy of the DPA to be completed outside the system. Please contact us for more details. 

Question: I signed the DPA for a legal entity, why am I still seeing the DPA dialogue box when I log into Accelerate?

Answer: If you signed a DPA for a legal entity, but are still seeing the DPA dialogue box when you log into Accelerate, that is likely because FIA Tech considers you to be associated with more than one legal entity/organization.  If you are not the individual who will be signing a DPA on behalf of the other legal entity(ies) with which you are considered to be associated, please contact us for further information.

Question: What if I don't want to electronically sign the DPA, but would rather wet sign the document outside of the system?

Answer: If you prefer to wet sign the DPA, please contact us a contracts@fia-tech.com.

Question: I’m not seeing a legal entity that I would expect to see in the list of legal entities that I may sign the DPA on behalf of , what do I do?

Answer: Please contact FIA Tech Client Services (contracts@fia-tech.com) before signing a DPA.

Question: Why am I being offered the opportunity to sign a DPA for some legal entities but not others?

Answer: Certain legal entities may be signed up for more than just the Docs and OCR (as a non-reporting entity) service with FIA Tech. Where that is that case, e.g., where a legal entity is also using FIA Tech’s Atlantis, eRecs, OCR (as a reporting firm), and/or Databank Services, FIA Tech has offered such legal entities the opportunity to sign a DPA via wet signature.

Question: A legal entity with which I am associated has an MSA with FIA Tech; why am I still seeing the DPA dialogue box with regards to that legal entity?

Answer: Please contact FIA Tech Client Services (contracts@fia-tech.com) before taking further action with regards to a DPA with that entity.

Question: A legal entity with which I am associated has a databank agreement with FIA Tech; why am I still seeing the DPA dialogue box with regards to that legal entity?

Answer: Please contact FIA Tech Client Services (contracts@fia-tech.com) before taking further action with regards to a DPA with that entity.

Question: There is an outdated or incorrect legal entity name in the list of legal entities that I can potentially sign the DPA on behalf of; what do I do?

Answer: Please contact FIA Tech Client Services before signing a DPA.

Question: What if a legal entity doesn't view the DPA as applicable to it, or necessary for it to enter into?

Answer: Please contact FIA Tech Client Services (contracts@fia-tech.com)

Question: What if we want to negotiate the terms of the DPA?

Answer: Please reach out to the FIA Tech team at contracts@fia-tech.com