Third Party Processor Agreement Template for Netherlands

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Key Requirements PROMPT example:

Third Party Processor Agreement

"I need a Third Party Processor Agreement for my healthcare software company based in Amsterdam that will be processing patient data on behalf of multiple hospitals, with specific emphasis on security measures for sensitive medical information and the ability to add sub-processors in the future."

Document background
The Third Party Processor Agreement is essential for organizations operating under Dutch law that engage third parties to process personal data on their behalf. This document is required under Article 28 of the GDPR and the Dutch GDPR Implementation Act (UAVG) whenever a data controller outsources the processing of personal data to a third party. It establishes the processor's obligations regarding data security, confidentiality, sub-processing, and assistance with data subject rights. The agreement includes specific provisions required by Dutch law and ensures compliance with both EU and national data protection requirements. It is particularly crucial for organizations looking to maintain GDPR compliance while outsourcing data processing activities, and should be put in place before any processing begins.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their legal representatives

2. Background: Context of the processing relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration: Term of the agreement and processing activities

6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Security Measures: Technical and organizational measures implemented to ensure appropriate security

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Processor's obligations to assist controller with data subject requests

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

11. Audit Rights: Controller's rights to audit and processor's obligations to contribute to audits

12. Data Return and Deletion: Obligations regarding data handling upon agreement termination

13. Liability and Indemnification: Allocation of responsibility and liability between parties

14. Termination: Conditions and procedures for ending the agreement

15. Governing Law and Jurisdiction: Specification of Dutch law and competent courts

Optional Sections

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

2. Specific Processing Instructions: Needed when processing requires detailed operational procedures or special handling

3. Insurance Requirements: Include when specific insurance coverage is required for the processing activities

4. Business Continuity: Required for critical processing activities needing disaster recovery provisions

5. Processor Personnel: Include when specific requirements for processor's staff training or qualifications are needed

6. Controller Obligations: Optional section detailing controller's responsibilities, useful for complex processing relationships

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing operations, categories of data subjects, types of personal data

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the processor

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

4. Schedule 4 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for processing activities

6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters

7. Appendix B - Standard Contractual Clauses: If applicable, EU SCCs for international data transfers

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

Information Technology

Cloud Services

Healthcare

Financial Services

E-commerce

Education

Professional Services

Telecommunications

Human Resources

Marketing Services

Insurance

Consulting

Software Development

Data Analytics

Research Organizations

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Procurement

Risk Management

Operations

Data Protection

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Officer

Compliance Manager

Legal Counsel

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Manager

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Chief Operations Officer

General Counsel

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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