Data Processor Privacy Notice Template for United States

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Key Requirements PROMPT example:

Data Processor Privacy Notice

"I need a Data Processor Privacy Notice for my healthcare technology company that processes patient data on behalf of medical clinics in California and Texas, with specific emphasis on HIPAA compliance and cross-border data transfers to our development team in Canada."

Document background
The Data Processor Privacy Notice has become increasingly important in the United States due to the evolving landscape of privacy regulations at both federal and state levels. This document is essential when an organization acts as a data processor, handling personal information on behalf of other businesses or organizations. The notice must comply with various state privacy laws (such as CCPA, VCDPA, CPA) and federal regulations, while also considering international requirements like GDPR if applicable. It provides transparency about data processing activities, security measures, and data subject rights, helping organizations maintain compliance and build trust with their business partners and data subjects.
Suggested Sections

1. Introduction: Identifies the data processor and the purpose of the notice

2. Scope of Processing: Details what personal data is processed and for what purposes

3. Data Collection Methods: Explains how personal data is collected and received

4. Legal Basis: Outlines the legal grounds for processing personal data

5. Data Security Measures: Details the technical and organizational measures used to protect data

6. Data Retention: Explains how long data is kept and when it will be deleted

7. Data Subject Rights: Lists the rights of individuals regarding their personal data

Optional Sections

1. International Transfers: Required when data is transferred outside the US. Details compliance with cross-border transfer requirements and safeguards

2. Special Categories of Data: Details handling of sensitive personal data such as health information, biometric data, or other protected categories

3. Children's Privacy: Special provisions for processing children's data, including COPPA compliance requirements

Suggested Schedules

1. Schedule A - Categories of Data: Detailed list of all types of personal data processed

2. Schedule B - Security Measures: Technical and organizational security measures in detail

3. Schedule C - Subprocessors: List of approved subprocessors and their roles

4. Schedule D - Processing Activities: Detailed record of processing activities

5. Appendix 1 - Data Subject Request Procedure: Procedure for handling data subject access requests

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
Industries

GLBA: Gramm-Leach-Bliley Act - Federal law governing the collection, use, and disclosure of personal financial information by financial institutions

HIPAA: Health Insurance Portability and Accountability Act - Federal law regulating the use and disclosure of protected health information by healthcare providers and their business associates

COPPA: Children's Online Privacy Protection Act - Federal law protecting the privacy of children under 13 years old online

FTC Act Section 5: Federal Trade Commission Act Section 5 - Prohibits unfair or deceptive practices in privacy and data security matters

FERPA: Family Educational Rights and Privacy Act - Federal law protecting the privacy of student education records

CCPA/CPRA: California Consumer Privacy Act/California Privacy Rights Act - Comprehensive state privacy laws providing California residents with various privacy rights and imposing obligations on businesses

VCDPA: Virginia Consumer Data Protection Act - State law providing Virginia residents with data privacy rights and imposing obligations on businesses processing their personal data

CPA: Colorado Privacy Act - State law establishing privacy rights for Colorado residents and requirements for businesses processing their personal data

UCPA: Utah Consumer Privacy Act - State privacy law providing Utah residents with certain privacy rights and establishing business obligations

CTDPA: Connecticut Data Privacy Act - State law protecting Connecticut residents' personal data and establishing requirements for businesses

GDPR Considerations: European Union General Data Protection Regulation - Must be considered if processing data of EU residents, even for US-based operations

UK GDPR Considerations: United Kingdom General Data Protection Regulation - Must be considered if processing data of UK residents, even for US-based operations

PCI DSS: Payment Card Industry Data Security Standard - Security standards for organizations handling credit card data

SOC 2: Service Organization Control 2 - Voluntary compliance standard for service organizations, specifying how organizations should manage customer data

Data Breach Requirements: Various state and federal requirements for notification and response in the event of a data breach

Cross-Border Transfers: Requirements and restrictions for transferring personal data across national borders, including international data transfer mechanisms

Data Retention: Legal requirements and best practices for how long different types of personal data should be retained and when it should be deleted

Data Subject Rights: Various rights granted to individuals regarding their personal data, including access, deletion, correction, and portability rights

Security Measures: Technical and organizational security measures required to protect personal data during processing activities

Subprocessor Management: Requirements for managing and overseeing subprocessors, including due diligence, contractual obligations, and ongoing monitoring

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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