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Data protection (GDPR) clause for freelancers

A data protection clause for freelancers who handle client customer data: GDPR processor duties, security and deletion.

Data protection (GDPR) clause: copy and adapt

Where the Provider processes personal data on behalf of the Client, the Provider will: process it only on the Client's documented instructions; keep it confidential; apply appropriate technical and organisational security measures; not engage sub-processors without the Client's approval; assist the Client with data subject requests; notify the Client without undue delay of any personal data breach; and delete or return the data at the end of the services. The parties will sign a separate data processing agreement where required by law.

When to use it

Whenever you touch the client's customer or employee data: CRMs, email lists, databases, analytics, forms. In the EU and UK this is a legal requirement, not an option.

Variants by trade

No personal data

The services do not require the Provider to access or process personal data. If this changes, the parties will agree data protection terms before access is given.

Developers

Production data will not be used in development or test environments unless anonymised.

Frequently asked questions

Does GDPR apply to freelancers?

Yes, if you process personal data of people in the EU or UK. When you work on a client's data, you're usually a 'processor' with specific obligations.

Do I need a separate data processing agreement?

Under GDPR, processor terms must be in writing. For simple jobs this clause may cover it; larger clients will usually send their own DPA.

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Related clauses

These clauses are general templates, not legal advice. Laws vary by country and state; for high-value or unusual deals, have a lawyer review your contract.

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