Practical guide
How to verify if a contract is GDPR-compliant?
Short answer
- 1Go to 4mycontracts.net and open the contract or template to review.
- 2Identify the personal data processing clauses in the contract.
- 3Verify that each data category has a valid legal basis (consent, legitimate interest, etc.).
- 4Confirm clauses covering data subject rights (access, erasure, portability) are present.
- 5Note the gaps and add the missing clauses before signing.
What the law says
- EU Regulation 679/2016 (GDPR) — mandatory legal basis for any personal data processing.
- Art. 13-14 GDPR — obligation to inform the data subject within the contract.
- Art. 28 GDPR — processor agreements must include specific DPA clauses.
- Romanian Law 190/2018 — national GDPR implementation, applicable sanctions.
- Art. 83 GDPR — fines up to EUR 20 million for non-compliance.
Practical examples
- B2B SaaS contract with integrated DPA clauses for end-customer data processing.
- Employment contract for staff accessing company client personal data.
- Cloud service provider agreement for personal data stored within the EU.
- NDA with an external freelancer granted access to a user database.
Common mistakes
- Missing DPA clause in software vendor contracts — a direct GDPR violation.
- Legal basis for data processing not explicitly stated anywhere in the contract.
- No breach notification procedure specified (GDPR requires 72-hour reporting).
- Data retention clause absent or vague, lacking a specific timeframe.
How 4mycontracts helps
- Contract templates to which you add the GDPR clauses that fit your situation.
- Fields to fill in for purpose, legal basis and duration, which help you avoid omitting sections.
- Block-level negotiation with version comparison between drafts.
- Archive in your account, with the event history of each contract.
- Simple electronic signature through a secure link — the signer needs no account.