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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."
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
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
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
Applicable Data Protection Law
Authorized Persons
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
GDPR
Information Security Incident
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Processor Personnel
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
UAVG
Adequate Country
Confidential Information
Controller Personal Data
Effective Date
Privacy Notice
Records of Processing
Standard Contractual Clauses
Appointment
Scope of Processing
Data Protection Compliance
Processing Obligations
Security
Confidentiality
Sub-processing
Data Subject Rights
Data Breach Notification
Audit Rights
International Transfers
Return and Deletion
Liability and Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Waiver
Third Party Rights
Governing Law
Dispute Resolution
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
Legal
Compliance
Information Security
IT
Privacy
Procurement
Risk Management
Operations
Data Protection
Vendor Management
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
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