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: 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: 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: What if we want to negotiate the terms of the DPA?
Answer: Please reach out to the FIA Tech team at email@example.com