Data Privacy Addendum Template for Netherlands

The Data Privacy Addendum is a critical legal document used to supplement existing service agreements where one party processes personal data on behalf of another under Dutch jurisdiction. This document is essential for compliance with the EU GDPR and Dutch privacy laws, particularly when establishing controller-processor relationships. The addendum specifies detailed requirements for data protection, including security measures, breach notifications, data subject rights, and international transfer mechanisms. It should be implemented whenever a business relationship involves the processing of personal data, ensuring both parties understand and agree to their respective obligations under data protection laws. The document typically includes comprehensive schedules detailing technical and organizational measures, approved sub-processors, and specific processing activities.

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the existing relationship between parties and purpose of this addendum

3. Definitions: Key terms used in the addendum, aligned with GDPR definitions and any additional specific terms

4. Scope and Purpose of Processing: Detailed description of the personal data processing activities covered by the addendum

5. Duration of Processing: Timeframe for data processing activities and provisions for termination

6. Nature and Purpose of Processing: Specific details about how and why personal data will be processed

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

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

9. Obligations of the Processor: Detailed processor responsibilities including security measures, confidentiality, and subprocessing

10. Obligations of the Controller: Controller's responsibilities and requirements for lawful instructions

11. Data Subject Rights: Procedures for handling data subject requests and providing assistance

12. Data Security: Security measures required to protect personal data

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

14. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

15. Return or Deletion of Data: Obligations regarding data handling upon termination

16. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

17. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction