A data processing contract is not necessary in all cases. More often than not a contract is said to be required for an exchange of data between businesses and is wrongly treated as a necessary condition for the further relationship between the parties.
There is a tendency to unnecessarily link data exchanges between firms to the need to have a data processing contract executed pursuant to Article 29 RODO. This contract is treated, in an entirely unjustifiable manner, as a requirement of and condition for any further relationship between the parties. However, the contract is not a requirement just whenever business partners exchange personal data between each other. Rather, it is a must solely when one of them only acts to attain the data processing purposes of the other and on his behalf.
For the full article by our attorney-at-law Szymon Szurgacz, see Rzeczpospolita on-line, the Dobra Firma weekly or here.