Dpa Data Privacy Agreement Template for Netherlands

The Data Processing Agreement (DPA) is a mandatory legal document required under both EU GDPR and Dutch data protection law when a company (controller) engages another party (processor) to process personal data on its behalf. This document is essential for establishing clear responsibilities and obligations regarding data protection, particularly in the Netherlands where the Dutch DPA (Autoriteit Persoonsgegevens) actively enforces compliance. The DPA includes crucial provisions about data security measures, breach notification procedures, sub-processor requirements, and data subject rights. It should be used whenever there's an arrangement involving the processing of personal data by a third party, whether for cloud services, HR administration, marketing activities, or any other data processing services. The agreement must comply with Article 28 of the GDPR and include specific provisions required under Dutch law.

1. Parties: Identification of the data controller and data processor, including full legal names, registration numbers, and authorized representatives

2. Background: Context of the relationship between parties and purpose of the DPA, including reference to any main service agreement

3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology

4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes

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

6. Nature and Purpose of Processing: Detailed specification of processing operations and legitimate purposes

7. Obligations of the Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements

8. Obligations of the Controller: Controller's responsibilities including lawful basis for processing and providing documented instructions

9. Sub-processors: Rules and procedures for engaging sub-processors, including required authorizations and obligations

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Data Security: Required technical and organizational security measures

12. Data Breach Notification: Procedures and timeframes for reporting data breaches

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

14. Data Return and Deletion: Obligations regarding data return or deletion upon agreement termination

15. Liability and Indemnity: Allocation of liability and indemnification provisions

16. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes