Data Addendum Template for England and Wales

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Key Requirements PROMPT example:

Data Addendum

"Need a Data Addendum to supplement our existing SaaS agreement with a UK-based cloud provider, ensuring compliance with UK GDPR and covering international data transfers to our US and Singapore offices from March 2025."

Document background
The Data Addendum is essential when organizations need to modify or supplement existing agreements to ensure compliance with current data protection laws in England and Wales. This document becomes necessary when parties engage in personal data processing activities, particularly following regulatory changes or when existing contracts lack sufficient data protection provisions. The Data Addendum typically includes detailed provisions about data processing activities, security measures, breach notification procedures, and compliance requirements with the UK GDPR and Data Protection Act 2018.
Suggested Sections

1. Parties: Identification of data controller, processor, and any other relevant parties

2. Background: Context of the data processing relationship and reference to main agreement

3. Definitions: Key terms used in the addendum, aligned with GDPR terminology

4. Scope of Processing: Details of what personal data will be processed and for what purposes

5. Data Protection Obligations: Core obligations of each party under applicable data protection laws

6. Security Measures: Technical and organizational measures for data protection

7. Breach Notification: Procedures for handling and reporting data breaches

Optional Sections

1. International Transfers: Requirements and safeguards for transferring data outside the UK

2. Sub-processing: Rules and requirements for engaging sub-processors and obtaining necessary approvals

3. Audit Rights: Controller's rights to audit processor's compliance and related procedures

Suggested Schedules

1. Description of Processing: Detailed description of processing activities, categories of data subjects and personal data

2. Technical and Organizational Measures: Detailed security measures implemented by the processor

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Standard Contractual Clauses: Standard contractual clauses for international data transfers where required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

UK GDPR: The UK version of GDPR post-Brexit, incorporating the EU GDPR into domestic law. Covers core data protection principles, legal bases for processing, and data subject rights.

Data Protection Act 2018: The UK's domestic implementation of data protection standards, including specific provisions for law enforcement and intelligence services, plus domestic modifications to the GDPR framework.

Privacy and Electronic Communications Regulations (PECR): Specific regulations governing electronic communications, including requirements for cookies and marketing communications.

English Common Law Principles: Fundamental legal principles under English law covering confidentiality obligations, contract law principles, and remedies for breach.

International Data Transfer Requirements: Rules and mechanisms for international data transfers, including UK adequacy decisions and Standard Contractual Clauses (SCCs).

Industry-Specific Regulations: Sector-specific regulatory requirements that may apply to particular industries such as financial services or healthcare.

ICO and Regulatory Guidance: Guidelines and interpretations from the Information Commissioner's Office (ICO) and relevant European Data Protection Board guidance.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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