Draft — not yet reviewed by a solicitor.
This data processing addendum is a working template prepared for internal review. It has
not been settled by a qualified legal adviser and must
not be relied upon by customers, presented in a procurement pack, or referenced in a contract until it
has been. Placeholders marked TODO
must be completed before publication.
Queries: support@dijitul.uk
This Data Processing Addendum (“DPA”) forms part of the Terms of Service between dijitul Ltd (“Processor”) and the customer identified in the account (“Controller”). Capitalised terms not defined here have the meaning given in the Terms.
“Data Protection Law” means the UK GDPR, the Data Protection Act 2018, and, where applicable to the Controller, Regulation (EU) 2016/679 and the national laws implementing it.
1. Scope and roles
The Controller determines the purposes and means of processing Customer Personal Data. The Processor processes it only on the Controller's documented instructions. Where the Processor determines purposes and means in respect of account administration data, it acts as a controller in its own right and its Privacy Notice applies to that processing instead.
2. Processing instructions
The Controller instructs the Processor to process Customer Personal Data as necessary to provide the Service, which comprises: receiving API requests; applying the configured privacy mode; forwarding requests to the sub-processor for inference within the permitted residency scope; returning the response; and recording usage metadata for metering and diagnostics. The configuration the Controller sets in the dashboard forms part of its instructions.
The Processor will inform the Controller if, in its opinion, an instruction infringes Data Protection Law. The Processor will not process Customer Personal Data for its own purposes, and will not use it to train, fine-tune or evaluate any machine learning model.
3. Confidentiality
The Processor ensures that persons authorised to process Customer Personal Data are subject to an appropriate duty of confidentiality, and that access is limited to those who need it to perform their role.
4. Security measures
The Processor implements appropriate technical and organisational measures under Article 32, as described in Annex B. The Controller acknowledges that these measures are appropriate having regard to the state of the art, the costs of implementation and the risks presented by the processing, and that they may be updated provided the level of protection is not reduced.
5. Sub-processors
The Controller gives the Processor general authorisation to engage sub-processors. The current list is in
Annex C. The Processor will give the Controller at least
TODO-SUBPROCESSOR-NOTICE days' notice by email of any intended addition or replacement, during
which the Controller may object on reasonable data protection grounds. If the objection cannot be resolved,
the Controller may terminate the affected part of the Service without penalty.
The Processor imposes on each sub-processor obligations no less protective than those in this DPA and remains fully liable for the sub-processor's performance.
6. International transfers
Customer Personal Data is processed within the residency scope of the API key that submitted it:
- UK tier. Inference is invoked In-Region on AWS Europe (London),
eu-west-2. Prompts are processed in the United Kingdom and do not leave it. - EEA tier. Inference uses the EU cross-region inference profile and may be processed in any of eu-west-1, eu-west-2, eu-west-3, eu-central-1, eu-north-1, eu-south-1, eu-south-2 — that is Dublin, London, Paris, Frankfurt, Stockholm, Milan or Madrid. Prompts are processed within EU/EEA regions; they may leave the United Kingdom but do not leave the EEA.
Where a restricted transfer arises, appropriate safeguards apply. In respect of Amazon Web Services, the AWS Data Processing Addendum, the EU Standard Contractual Clauses and the Information Commissioner's Office International Data Transfer Addendum are incorporated automatically into the AWS Customer Agreement and therefore apply to the Processor's use of AWS without separate execution.
TODO(legal): confirm which SCC modules and which IDTA tables apply between the Controller and the Processor, and attach them, or record that no restricted transfer arises between the parties because both are UK established.
7. Assistance to the controller
Taking into account the nature of the processing, the Processor will assist the Controller with:
- responding to data subject requests, insofar as the Processor holds relevant data — noting that prompt content is not retained in normal operation, so in most cases the Processor will hold nothing responsive;
- data protection impact assessments and prior consultation with a supervisory authority; and
- demonstrating compliance with Articles 32 to 36.
The Processor will notify the Controller without undue delay if it receives a request directly from a data subject relating to Customer Personal Data, and will not respond to it other than to redirect the data subject to the Controller.
8. Personal data breach
The Processor will notify the Controller without undue delay, and in any event within
TODO-BREACH-NOTICE-HOURS hours, after becoming aware of a personal data breach affecting
Customer Personal Data. The notification will describe the nature of the breach, the categories and
approximate number of data subjects and records affected so far as known, the likely consequences, and the
measures taken or proposed.
9. Audit
The Processor will make available information reasonably necessary to demonstrate compliance with this DPA and will allow for audits, including inspections, conducted by the Controller or an auditor it mandates, on reasonable notice, no more than once in any twelve-month period except following a personal data breach, during business hours, and subject to confidentiality undertakings.
The Processor may satisfy an audit request in whole or in part by providing the relevant certifications and audit reports of its sub-processors — for Amazon Bedrock these include ISO/IEC 27001:2022, ISO/IEC 27017, ISO/IEC 27018, ISO/IEC 27701, ISO/IEC 42001 and SOC 1, SOC 2 and SOC 3 reports.
10. Deletion and return
On termination, the Processor will delete Customer Personal Data within
TODO-DELETION-WINDOW days, save where retention is required by law. Because prompt and
completion bodies are not retained in normal operation, in most cases there is nothing to delete beyond
usage metadata and account records.
11. Liability
Liability under this DPA is subject to the limitations and exclusions in the Terms. TODO(legal): confirm whether data protection liability sits inside the general cap, and whether an uplifted cap applies.
Annex A — Details of the processing
| Subject matter | Provision of an API gateway that routes large language model requests to a UK or EEA inference platform. |
|---|---|
| Duration | For the term of the Terms, plus the retention periods in Annex B. |
| Nature and purpose | Receipt, optional redaction, transmission for inference, return of response, and metering. |
| Types of personal data | Any personal data the Controller chooses to include in a prompt. The Processor does not control this and applies no assumption about it. Detection and redaction of common identifier types is available but is a control, not a guarantee. |
| Special category data | Only if the Controller submits it. The Controller must satisfy itself that it has an Article 9 condition before doing so. |
| Categories of data subject | Determined by the Controller — typically its clients, patients, employees or correspondents. |
| Frequency | Continuous, on each API request. |
Annex B — Technical and organisational measures
- Encryption in transit. TLS 1.2 or above on all external interfaces; SigV4-authenticated TLS to the inference platform.
- Credential storage. API keys stored only as SHA-256 hashes; plaintext keys are displayed once and never persisted.
- Minimisation. Prompt and completion bodies are not written to disk. PII detections are recorded as type and count only, never as values.
- Bounded debug capture. Body capture is opt-in per key, audit-logged, and expires automatically after at most 24 hours.
- Access control. Multi-factor authentication for administrative access; per-key residency tier, privacy mode, model allow-list, IP allow-list and expiry.
- Residency enforcement. Fail-closed routing: a request that cannot be served within its residency scope is refused rather than routed outside it.
- Retention. Request metadata deleted after 90 days.
- Audit trail. Key lifecycle and configuration changes recorded with actor, source address and timestamp.
- TODO(security): add backup and restore procedures, business continuity testing cadence, secure development lifecycle, and independent penetration testing once established.
Annex C — Authorised sub-processors
| Sub-processor | Purpose | Location of processing |
|---|---|---|
| Amazon Web Services EMEA SARL | Model inference via Amazon Bedrock; hosting | United Kingdom (UK tier); UK/EU/EEA regions listed in clause 6 (EEA tier) |
| Stripe Payments Europe Ltd | Payment processing and invoicing | EEA and United Kingdom |
TODO-EMAIL-PROVIDER |
Transactional email delivery | TODO |
TODO-MONITORING-PROVIDER |
Application error monitoring | TODO |
TODO(legal): confirm the correct AWS contracting entity for a UK customer, complete the remaining rows, and publish this annex at a stable URL so that additions can be notified under clause 5.
Anthropic, PBC is not a sub-processor under this DPA. Models are accessed through Amazon Bedrock, which operates a zero-operator-access model: the model provider does not receive prompts or completions sent through it.
Questions about this document should go to support@dijitul.uk. Nothing on this page is legal advice, and it does not create any obligation on dijitul Ltd until a settled version has been executed.