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Data Privacy Addendum
"I need a Data Privacy Addendum for a SaaS agreement with a European cloud provider who will process our US customer data, ensuring GDPR compliance and including provisions for cross-border data transfers effective January 2025."
1. Parties: Identification of data controller and data processor
2. Background: Context of the data processing relationship and reference to main agreement
3. Definitions: Key terms including Personal Data, Processing, Data Subject, Controller, Processor, Applicable Privacy Laws
4. Scope of Processing: Details of what data is processed, purposes, and duration of processing
5. Data Protection Obligations: Core security and privacy requirements including confidentiality, security measures, and compliance
6. Breach Notification: Procedures and timelines for handling and reporting data breaches
7. Term and Termination: Duration of the addendum and data handling upon termination
1. Cross-Border Transfers: Requirements and safeguards for international data transfers, including relevant transfer mechanisms
2. Sub-processors: Rules and procedures for engaging additional processors, including approval requirements
3. Industry-Specific Compliance: Additional obligations for specific sectors (HIPAA, GLBA, etc.)
4. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations
1. Schedule A - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and purposes
2. Schedule B - Technical and Organizational Measures: Comprehensive list of security measures implemented to protect personal data
3. Schedule C - Approved Sub-processors: List of authorized third-party processors and their processing activities
4. Schedule D - Standard Contractual Clauses: Standard contractual clauses for international data transfers where applicable
Authors
Applicable Data Protection Laws
Authorized Persons
Business Purpose
Controller
Data Subject
Data Protection Impact Assessment
Personal Data
Personal Data Breach
Process/Processing/Processed
Processor
Security Incident
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Third Party
Transfer
Cross-border Transfer
Data Protection Officer
Privacy Notice
Records of Processing
Supervisory Authority
Special Categories of Personal Data
Data Subject Rights
Pseudonymization
Anonymization
Data Minimization
Storage Limitation
Consent
Security Requirements
Confidentiality
Data Subject Rights
Breach Notification
Audit Rights
Sub-processing
Cross-border Transfers
Data Retention and Deletion
Liability and Indemnification
Compliance with Laws
Technical and Organizational Measures
Record Keeping
Cooperation and Assistance
Personnel Obligations
Data Protection Impact Assessments
Breach Response
Return or Destruction of Data
Supervisory Authority Cooperation
Insurance Requirements
Assignment and Subcontracting
Governing Law
Dispute Resolution
Force Majeure
Termination Rights
Survival
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