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Data Addendum
"I need a Data Addendum under Dutch law for our cloud services agreement with a US-based provider, who will process customer data from our European operations starting March 2025, including provisions for international data transfers and sub-processor management."
1. Parties: Identification of the parties to the addendum, including their roles (data controller, processor, or joint controllers)
2. Background: Context of the addendum, reference to the main agreement, and purpose of the data processing activities
3. Definitions: Definitions of key terms used in the addendum, including GDPR-specific terminology
4. Scope and Purpose: Detailed description of the data processing activities covered by the addendum
5. Roles and Responsibilities: Clear delineation of each party's role and responsibilities under data protection laws
6. Data Processing Terms: Specific terms governing the processing of personal data, including processing instructions and limitations
7. Security Measures: Overview of required technical and organizational security measures
8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with GDPR rights
9. Data Breach Notification: Procedures and timelines for reporting and handling personal data breaches
10. Audit Rights: Terms regarding audits and inspections of data processing activities
11. Term and Termination: Duration of the addendum and specific termination provisions related to data processing
12. Return or Deletion of Data: Obligations regarding the return or deletion of personal data upon termination
13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate transfer mechanisms
2. Sub-processors: Include when the data processor needs to engage sub-processors, specifying authorization requirements and obligations
3. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR
4. Data Protection Impact Assessment: Include when high-risk processing activities require a DPIA
5. Joint Controller Arrangements: Required when parties are acting as joint controllers under Article 26 GDPR
6. Insurance Requirements: Specific insurance obligations related to data processing activities
7. Liability and Indemnification: Specific provisions on liability and indemnification related to data protection violations
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented to ensure appropriate level of security
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms used for international data transfers, including Standard Contractual Clauses if applicable
5. Schedule 5 - Data Breach Response Plan: Detailed procedures and contact information for data breach response
6. Appendix A - Contact Details: Contact details for data protection officers, representatives, and key personnel
7. Appendix B - Data Subject Request Procedure: Detailed procedures for handling various types of data subject requests
Authors
Agreement
Applicable Data Protection Laws
Authorized Personnel
Authorized Sub-processor
Controller
Data Subject
Data Protection Impact Assessment
Data Protection Laws
Dutch DPA
EEA
EU Representative
GDPR
Joint Controller
Main Agreement
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Transfer Mechanism
UAVG
Union
Definitions
Scope
Data Processing
Confidentiality
Security
Sub-processing
Data Subject Rights
Data Protection
International Transfer
Audit Rights
Breach Notification
Liability
Indemnification
Term and Termination
Survival
Severability
Assignment
Notices
Governing Law
Dispute Resolution
Compliance with Laws
Force Majeure
Entire Agreement
Amendment
Data Retention
Technical Measures
Organizational Measures
Technology
Healthcare
Financial Services
E-commerce
Professional Services
Telecommunications
Education
Insurance
Manufacturing
Retail
Consulting
Marketing Services
Cloud Services
Research and Development
Public Sector
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Data Protection
Information Governance
Operations
Procurement
Contract Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Officer
Privacy Manager
Contract Manager
Risk Manager
Data Protection Specialist
GDPR Consultant
Information Governance Manager
Chief Privacy Officer
Legal Operations Manager
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