Data Processing Agreement FAQ
April 21, 2023
DPA Liability
These Terms of Service FAQs are for informational purposes only—they are not contractual or binding in nature. These FAQs should not be seen as a substitute for reading and understanding BambooHR’s Terms of Service. Please see section 18.8 of the Terms of Service for additional information.
May I add a separate limitation of liability or indemnification to the Data Processing Agreement?
No, the BambooHR Terms of Service (which is incorporated into the DPA by reference) sections addressing limitation of liability (9.3) and indemnity (11) applies to the DPA. The GDPR does not require any specific allocation of liability between the controller and processor, and so the limitation of liability and indemnity we offer in our Terms of Service is what we offer for the DPA.