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Personal Data Protection Agreement

Personal Data Protection Agreement Template for Netherlands

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Key Requirements PROMPT example:

Personal Data Protection Agreement

"I need a Personal Data Protection Agreement for my cloud software company acting as a data processor for EU clients, with provisions for international data transfers to our US servers and sub-processor arrangements with our analytics providers, to be implemented by March 2025."

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Document background
This Personal Data Protection Agreement is essential for organizations processing personal data under Dutch jurisdiction, ensuring compliance with both EU GDPR (AVG) and Dutch-specific data protection requirements. The agreement is typically used when one party processes personal data on behalf of another, or when parties jointly determine the purposes and means of processing. It addresses critical aspects including security measures, data breach notifications, data subject rights, and international transfer requirements. The document is particularly important given the strict enforcement of data protection laws in the Netherlands and substantial fines for non-compliance under both EU and Dutch regulations. It should be regularly reviewed and updated to reflect changes in processing activities and regulatory requirements.
Suggested Sections

1. Parties: Identification of the contracting parties and their roles (data controller and/or data processor)

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

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

4. Scope and Purpose: Details of the personal data processing activities covered by the agreement

5. Roles and Responsibilities: Specific obligations of each party under GDPR/AVG

6. Data Processing Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, and data minimization

7. Security Measures: Technical and organizational measures required to ensure appropriate security of personal data

8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights

9. Data Breach Notification: Procedures and timelines for reporting and handling personal data breaches

10. Confidentiality: Obligations regarding confidentiality of personal data

11. Term and Termination: Duration of the agreement and conditions for termination

12. Return or Deletion of Data: Obligations regarding personal data upon termination of the agreement

13. Liability and Indemnification: Allocation of liability and indemnification obligations

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

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate transfer mechanisms

2. Sub-processing: Include when the data processor may engage sub-processors, specifying requirements for authorization

3. Audit Rights: Detailed audit provisions when regular audits are expected or required

4. Special Categories of Data: Additional safeguards when processing special categories of personal data under Article 9 GDPR

5. Data Protection Impact Assessment: Cooperation obligations when DPIAs are required

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

7. Joint Controller Provisions: Required when parties act as joint controllers under Article 26 GDPR

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 protect personal data

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

4. Schedule 4 - Contact Details: Contact information for data protection officers, representatives, and key personnel

5. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses for international data transfers if applicable

6. Appendix B - Data Breach Response Plan: Detailed procedures and contact information for handling data breaches

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
Autoriteit Persoonsgegevens
AVG
Business Day
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Controllers
Personal Data
Personal Data Breach
Processing
Processor
Professional Service
Restricted Transfer
Schedule
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
UAVG
Unauthorized Processing
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Professional Services

Manufacturing

Retail

Telecommunications

Insurance

Human Resources

Marketing Services

Cloud Services

Research and Development

Consulting

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Privacy

Data Protection

Information Management

Procurement

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Manager

Project Manager

Privacy Lawyer

Contract Manager

Chief Legal Officer

Data Protection Manager

Industries
General Data Protection Regulation (GDPR/AVG): The primary EU regulation governing personal data protection, directly applicable in the Netherlands. Sets out the main principles, rights, and obligations for processing personal data.
Dutch GDPR Implementation Act (UAVG): The Dutch national law that implements GDPR and provides additional country-specific requirements for data protection in the Netherlands.
Dutch Telecommunications Act (Telecommunicatiewet): Implements the EU ePrivacy Directive in Dutch law, covering electronic communications privacy, including rules about cookies and direct marketing.
Dutch Civil Code (Burgerlijk Wetboek): Contains provisions relevant to employment-related data protection and general contract law principles that may affect data processing agreements.
EU Standard Contractual Clauses (SCCs): Required for international data transfers to countries outside the EEA that don't have an adequacy decision, as per GDPR Chapter V.
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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