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Data Processing Agreement for Broadcasters (NAICS 515)

Broadcasting (except Internet) · NAICS 515 · Data Processing Agreement

In the broadcasting industry, data flows are everywhere: viewer analytics, targeted ad insertion, contest entries, and streaming metadata. When you share this data with third-party processors—cloud providers, ad servers, or audience measurement firms—you need a Data Processing Agreement (DPA) that addresses the unique risks of broadcast data. This DPA is tailored to NAICS 515, covering FCC considerations, state privacy laws like CCPA, and the specific categories of personal data common in TV and radio. It clarifies each party's responsibilities, ensures proper security measures, and helps you maintain trust with your audience.

When you need this document

When outsourcing audience measurement or ratings analytics to a third-party vendor
When using a programmatic advertising platform that processes viewer data for ad targeting
When engaging a cloud provider to host streaming content or manage subscriber data
When running contests or sweepstakes where a vendor collects and processes entrant personal data
When sharing viewer data with a data broker or analytics firm for market research

What the generated draft includes

Definitions of Controller, Processor, and Personal Data in a broadcasting context
Detailed description of processing activities, including ad insertion and audience measurement
List of data categories and data subjects relevant to broadcasters
Obligations of the Processor, including confidentiality and security measures
Sub-processor authorization and notification requirements
Data subject rights procedures, including opt-out for targeted advertising
Data breach notification and incident response protocols
Audit rights and record-keeping requirements

Frequently asked questions

Does this DPA cover FCC regulations?

Yes, the DPA includes a clause acknowledging that the broadcaster must comply with FCC rules, such as those governing CPNI if applicable. However, it does not replace the broadcaster's own FCC compliance obligations.

Can I use this DPA for both linear and streaming services?

Absolutely. The DPA is designed to cover data processing across all broadcasting platforms, including over-the-air, cable, and internet streaming, as long as the processing activities are accurately described.

What if my processor uses sub-processors?

The DPA includes options for sub-processor authorization. You can require prior written consent for each sub-processor or allow general authorization with notification. The processor must maintain an up-to-date list.

Self-help document generator: you get a structured draft based on the facts you provide. It is not legal, tax, or financial advice; verify jurisdiction-specific rules before sending.