What should be done if I send a data processing agreement but the counterparty does not sign and return it?

ANSWER

First and foremost, we do not transfer personal data to the counterparty for processing in such a case. We inform them that this will happen only after the data processing agreement has been concluded. We should also inform the counterparty that, as a processor, they are equally exposed to the allegation of failing to conclude the required data processing agreement and may likewise be penalised for this by the President of the UODO.