DATA PROCESSING AGREEMENT

Between Client (Controller) and Rowville Consulting (Processor)

Pursuant to Article 28 of the UK GDPR and Irish Data Protection Acts

Effective Date
Version 2.1 (UK & Ireland Focus)
Governing Law England and Wales / Ireland (as applicable)
Legal Review Recommended for Controller's counsel

PARTIES TO THIS AGREEMENT

1.1

CONTROLLER: The Client engaging Rowville Consulting for accounting services, as detailed in the Master Services Agreement (the "Client").

1.2

PROCESSOR: Rowville Consulting (Pty) Ltd, a company registered in Botswana with its principal place of business at Gaborone, Botswana, operating through its website at https://rowvilleconsulting.co.bw (the "Processor").

1.3

This DPA is incorporated into and forms part of the Master Services Agreement between the Parties. In case of conflict, this DPA prevails regarding data protection matters.

DEFINITIONS

Term Definition
UK GDPR The General Data Protection Regulation as incorporated into UK law by the Data Protection Act 2018.
Irish GDPR The General Data Protection Regulation as applied in Ireland under the Data Protection Act 2018.
Personal Data Any information relating to an identified or identifiable natural person processed under the Agreement.
Processing Any operation performed on Personal Data (collection, recording, storage, etc.).
Sub-processor A third party engaged by Processor to process Personal Data.
Data Subject An individual whose Personal Data is processed (employees, customers, etc. of Controller).
Security Incident Breach of security leading to accidental or unlawful destruction, loss, alteration, or access to Personal Data.

DETAILS OF PROCESSING

3.1

Subject Matter & Duration

Processing of Personal Data necessary to provide the accounting and finance services described in the Master Services Agreement. Duration matches the term of the Agreement plus applicable statutory retention periods.

3.2

Nature & Purpose

Processing includes: preparation of management accounts, financial statements, tax computations, payroll processing, bookkeeping, and related advisory services as instructed by Controller.

3.3

Types of Personal Data

May include: Employee details (name, salary, contact info), customer/vendor information, financial transaction data, and any other data provided by Controller for accounting purposes.

3.4

Categories of Data Subjects

Controller's employees, directors, shareholders, customers, suppliers, and other individuals whose data is included in financial records provided to Processor.

PROCESSOR OBLIGATIONS

4.1

Instructions & Compliance

Processor shall only process Personal Data on documented instructions from Controller, unless required by applicable law. Processor shall immediately inform Controller if, in its opinion, an instruction infringes UK/Irish GDPR.

4.2

Confidentiality

Processor ensures persons authorised to process Personal Data are subject to confidentiality obligations (contractual or statutory) that survive termination of their engagement.

4.3

Security Measures

Processor implements and maintains technical and organisational measures detailed in Appendix 1 to ensure a level of security appropriate to the risk.

4.4

Sub-processing

Controller grants general authorisation for Processor to engage Sub-processors listed in Appendix 2. Processor shall provide 30 days' notice of intended changes, giving Controller opportunity to object.

4.5

Data Subject Rights

Processor shall assist Controller in responding to Data Subject requests by appropriate technical and organisational measures.

4.6

Security Incident Notification

Processor shall notify Controller without undue delay (and in any event within 48 hours) upon becoming aware of a Security Incident. Notifications shall include available details and proposed mitigation steps.

4.7

Deletion/Return of Data

At Controller's choice, Processor shall delete or return all Personal Data after termination of services, and delete existing copies unless applicable law requires storage.

4.8

Audit Rights

Upon reasonable notice, Processor shall make available to Controller (or its independent auditor) information necessary to demonstrate compliance. Audits shall be conducted at Controller's expense, no more than annually, and subject to confidentiality agreements.

CONTROLLER OBLIGATIONS

5.1

Controller warrants that it has lawful basis for processing and necessary notices/consents for Processor to process Personal Data as described herein.

5.2

Controller shall provide clear instructions and any necessary cooperation for Processor to perform its obligations.

5.3

Controller is responsible for responding to Data Subject requests regarding data processed by Processor.

INTERNATIONAL TRANSFERS

6.1

Controller acknowledges that Processor's primary processing operations are in Botswana.

6.2

Where UK/Irish Personal Data is transferred to Botswana, such transfer shall be governed by:

  • UK International Data Transfer Agreement or Addendum
  • EU Standard Contractual Clauses (Module Two: Controller to Processor)
  • Supplementary technical measures as detailed in Appendix 1
6.3

Processor shall not transfer Personal Data to any third country not covered by adequacy regulations without Controller's prior written consent.

APPENDICES

APPENDIX 1: TECHNICAL AND ORGANISATIONAL MEASURES

Security Area Measures Implemented
Access Control Role-based access, Multi-factor authentication, Unique user IDs, Regular access reviews, Principle of least privilege
Encryption AES-256 at rest, TLS 1.3 in transit, Encrypted backups, Key management procedures
Physical Security Secure data centers (via cloud providers), Visitor logs, Access control systems
Network Security Firewalls, Intrusion detection, VPN for remote access, Regular vulnerability scans
Incident Response Documented response plan, 24/7 monitoring, Escalation procedures, Breach notification within 48 hours
Business Continuity Daily encrypted backups, Disaster recovery plan, Regular testing
Personnel Security Background checks, Confidentiality agreements, Security training, Clear desk policy

APPENDIX 2: AUTHORISED SUB-PROCESSORS

Sub-processor Service Location Purpose
Microsoft Corporation Microsoft 365 / Azure UK/EEA Data Centers Email, document storage, collaboration
Xero (UK) Limited Xero Accounting Platform United Kingdom Cloud accounting software
QuickBooks (Intuit) QuickBooks Online United Kingdom Cloud accounting software
[Your Cloud Provider] Infrastructure [Location] Data processing infrastructure

Note: Controller will be notified 30 days before engaging new Sub-processors.

AGREED AND ACCEPTED

FOR AND ON BEHALF OF CONTROLLER

Company Name: ________________________________

Signature: ____________________________________

Name (Print): _______________________________

Title: _______________________________________

Date: ________________________________________

FOR AND ON BEHALF OF PROCESSOR

Rowville Consulting (Pty) Ltd

Gaborone, Botswana

Signature: ____________________________________

Name (Print): _______________________________

Title: _______________________________________

Date: ________________________________________

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