Data Addendum Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Data Addendum is essential for organizations that need to modify existing agreements to ensure compliance with data protection requirements under Dutch law and the GDPR. It is commonly used when the original agreement lacks sufficient data protection provisions or when circumstances change requiring additional data processing terms. The addendum specifically addresses requirements under the Dutch GDPR Implementation Act (UAVG) and the EU GDPR, including provisions for data processing activities, security measures, breach notifications, and data subject rights. This document is particularly important for cross-border data transfers, cloud services arrangements, and any business relationships involving the processing of personal data in the Netherlands. The Data Addendum should be tailored to reflect the specific nature of the data processing relationship while ensuring compliance with Dutch and EU regulatory requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Professional Services

Telecommunications

Education

Insurance

Manufacturing

Retail

Consulting

Marketing Services

Cloud Services

Research and Development

Public Sector

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Data Protection

Information Governance

Operations

Procurement

Contract Management

Relevant Roles

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

Industries
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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