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Supplier Data Processing Agreement

Supplier Data Processing Agreement Template for Ireland

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Key Requirements PROMPT example:

Supplier Data Processing Agreement

"I need a Supplier Data Processing Agreement under Irish law for a cloud storage provider who will be processing sensitive customer data, including health records, with potential transfers to the US and multiple sub-processors involved."

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Document background
The Supplier Data Processing Agreement is a mandatory legal document required whenever a company (controller) engages a supplier (processor) to process personal data on its behalf under Irish jurisdiction. This requirement stems from Article 28 of the GDPR and the Irish Data Protection Act 2018, which mandate specific contractual arrangements for data processing activities. The agreement is essential for establishing clear accountability, defining security requirements, and ensuring compliance with data protection obligations. It must be in place before any data processing begins and should detail the nature, scope, and purpose of processing, along with technical and organizational measures for data protection. This document is particularly crucial for Irish businesses and international companies operating in Ireland, given the country's position as a major technology hub and the presence of multinational corporations subject to Irish data protection authority oversight.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including registered addresses and company details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms, including GDPR-specific terminology and contract-specific terms

4. Scope and Purpose: Details of the data processing activities to be carried out

5. Duration: Term of the agreement and processing activities

6. Nature and Purpose of Processing: Detailed description of how and why data will be processed

7. Types of Personal Data: Categories of personal data to be processed

8. Categories of Data Subjects: Types of individuals whose data will be processed

9. Obligations of the Processor: Core processor obligations under GDPR Article 28

10. Technical and Organizational Measures: Security measures required for data protection

11. Sub-processing: Rules and restrictions regarding the use of sub-processors

12. Data Subject Rights: Processor's obligations to assist with data subject requests

13. Data Breach Notification: Procedures for handling and reporting data breaches

14. Audit Rights: Controller's rights to audit and verify compliance

15. Data Return and Deletion: Obligations regarding data handling upon agreement termination

16. Liability and Indemnities: Allocation of risk and responsibility between parties

17. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

Optional Sections

1. International Data Transfers: Required if data will be transferred outside the EEA, including Standard Contractual Clauses references

2. Industry-Specific Compliance: Additional requirements for regulated industries (e.g., healthcare, financial services)

3. Business Continuity: Additional provisions for critical processing activities requiring contingency planning

4. Insurance Requirements: Specific insurance obligations for high-risk processing

5. Joint Controller Provisions: Required if the relationship includes any joint controller arrangements

6. Specialized Security Requirements: Additional security measures for sensitive data processing

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all processing activities, including purposes, categories of data, and processing operations

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

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

4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling data breaches and security incidents

6. Appendix A - Data Protection Impact Assessment: Summary of DPIA if conducted for high-risk processing activities

7. Appendix B - Contact Details: Key contacts for data protection matters, including DPO details if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Personnel
Business Day
Business Hours
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
DPA 2018
EEA
EU
GDPR
Group
Information Commissioner
International Transfer
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Regulatory Authority
Representatives
Restricted Transfer
Security Breach
Security Requirements
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supplier
Supplier Personnel
Technical and Organizational Measures
Term
Third Country
Working Day
Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

E-commerce and Retail

Manufacturing

Telecommunications

Education

Insurance

Transportation and Logistics

Marketing and Advertising

Research and Development

Hospitality

Energy and Utilities

Public Sector

Relevant Teams

Legal

Compliance

Information Security

Privacy

Procurement

Vendor Management

Risk Management

Information Technology

Operations

Data Protection

Corporate Governance

Commercial

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Manager

Information Security Manager

Procurement Manager

Vendor Management Lead

Risk Manager

IT Director

Chief Information Security Officer

Commercial Contract Manager

Operations Director

Chief Technology Officer

Privacy Analyst

Data Protection Specialist

General Counsel

Head of Compliance

Chief Operating Officer

Supply Chain Manager

Industries
General Data Protection Regulation (GDPR): The EU's fundamental data protection law that sets requirements for data processing, transfer, and security. Key for any data processing agreement in Ireland.
Data Protection Act 2018 (Ireland): Ireland's national law that implements GDPR and provides additional local requirements for data protection.
ePrivacy Regulations 2011 (S.I. No. 336/2011): Irish regulations governing electronic communications and privacy, relevant for digital data processing.
EU Standard Contractual Clauses (SCCs): Required for international data transfers outside the EEA, particularly relevant if the supplier is based outside the EU.
Sale of Goods and Supply of Services Act 1980: Irish law governing service contracts, relevant for the general contractual framework of supplier agreements.
Criminal Justice (Corruption Offences) Act 2018: Relevant for compliance provisions in supplier agreements regarding anti-corruption measures.
European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013: Relevant if the supplier agreement involves any consumer data processing aspects.
EU Network and Information Security (NIS) Directive (as implemented in Ireland): Relevant for cybersecurity requirements in data processing activities, especially for digital service providers.
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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