When people think of a Data Protection Officer (DPO), they often imagine someone buried in regulations, drafting compliance policies, and engaging with regulators. That image is not wrong, but it is incomplete. In today’s world, where organisations rely heavily on digital services and platforms, a DPO who does not understand technology contracts is flying blind. These contracts whether for Software as a Service (SaaS), Platform as a Service (PaaS), Infrastructure as a Service (IaaS), on-premises systems, or fully owned digital solutions are the very documents that determine how personal data is handled, protected, and shared.
Technology contracts are not just about pricing, service levels, or liability caps. For the DPO, they are about the mechanics of compliance. They spell out who owns the data, where it is stored, how it is secured, and what happens when things go wrong. Data protection laws across the world, from the EU’s General Data Protection Regulation to Kenya’s Data Protection Act, impose obligations on organisations. But those obligations are often meaningless unless they are reflected in binding agreements with the providers who handle the data.
Take SaaS contracts, for example. These are everywhere: email systems, HR platforms, customer relationship management tools, and finance software. For the DPO, the fine print on such agreements is where critical questions get answered. Will the provider store data within the country or transfer it abroad? If data is transferred, on what legal basis? What security measures are guaranteed, and are they backed by certifications such as ISO 27001? Does the provider rely on sub processors, and if so, does the customer have visibility and the right to object? Perhaps most importantly, how soon after a breach must the provider notify the organisation? A seventy-two legal deadline under KDPA or GDPR is meaningless if the provider is only obliged to notify the customer after seventy-two hours have already passed.
PaaS contracts introduce another dimension. These platforms give organisations the environment and tools to build their own applications. That flexibility comes with risks. The provider may have access to the hosted platform and its data, but the applications created by inhouse developers also carry their own privacy risks. Providers often state that application-level security is entirely the customer’s responsibility. For a DPO, that means making sure the internal teams know their obligations, confirming that the platform supports strong access controls, and ensuring there is a contractual right to audit compliance or rely on independent certifications.
Infrastructure as a Service adds further complexity. Providers such as AWS, Microsoft Azure, or Google Cloud operate under a shared responsibility model. They secure the underlying infrastructure, while the customer secures the data and applications. If a breach occurs because the customer misconfigured a virtual server, the provider will point to the contract and disclaim liability. A vigilant DPO must therefore ensure that IaaS contracts commit providers to internationally recognised security standards, spell out the procedures for secure deletion and portability of data, and describe in detail how incidents will be detected and reported.
Even in an era of cloud computing, many organisations continue to depend on on-premises solutions, especially in highly regulated sectors such as healthcare, banking, or government. Here, contracts often focus on software licences, hardware procurement, and support. Yet from a data protection perspective, they raise serious questions. Will the vendor provide timely updates and patches to address security vulnerabilities? If remote access is required for support, are confidentiality and audit provisions in place? And when the contract ends, will the vendor securely destroy or return all personal data? The answers to these questions are what determine whether an organisation remains compliant or finds itself exposed.
Then there are fully owned digital solutions. Some organisations develop their own systems inhouse or commission developers to build proprietary platforms. Owning the system outright provides control, but it also means the compliance burden is squarely on the organisation’s shoulders. If external developers are involved, contracts must be watertight on intellectual property, confidentiality, and secure coding practices. Even where the system is built internally, many solutions rely on opensource libraries or integrate third-party APIs, raising questions about licensing and data protection risks. Maintenance contracts, lifecycle management, and eventual decommissioning all require careful planning and clear agreements. Full ownership is empowering, but it also removes any excuses: the organisation alone is responsible for embedding data protection from design through to retirement of the system.
The point is this: contracts are not peripheral to data protection. They are at the heart of it. A DPO who understands technology contracts can translate legal duties into operational commitments, negotiate for stronger safeguards, educate internal teams about the risks hidden in contract language, and ultimately reduce the organisation’s liability. Regulators are paying increasing attention to whether organisations exercised due diligence before signing contracts with service providers. It is no defence to say that a breach was the fault of a vendor if the organisation failed to secure appropriate contractual protections in the first place.
The digital landscape is growing more complex by the day. As more services are outsourced, automated, or integrated, the contractual web around personal data becomes ever more tangled. For DPOs, the ability to read, analyse, and even negotiate technology contracts is no longer a niche skill it is a core competence. SaaS, PaaS, IaaS, on-premises, and fully owned solutions each present unique risks, but they also offer opportunities for DPOs to assert their value as guardians of compliance.
To protect organisations, safeguard data subjects, and uphold the law, DPOs must step confidently into the world of technology contracts. It is here, in the small print, that the real work of data protection often takes place.