Dpa Agreement Template for United States

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Key Requirements PROMPT example:

Dpa Agreement

"I need a DPA Agreement for my US-based software company that will be processing customer data for an e-commerce client, with specific provisions for CCPA compliance and sub-processor management, to be effective from March 2025."

Document background

The DPA Agreement is essential when one organization (the processor) processes personal data on behalf of another organization (the controller) in the United States. This document is particularly crucial given the complex landscape of US privacy laws, including federal regulations, state-specific requirements (such as CCPA), and industry-specific compliance needs. The DPA defines processing activities, security measures, breach notification procedures, and compliance requirements, while ensuring adherence to applicable US privacy laws and regulations. It's a fundamental tool for establishing clear accountability and responsibilities in data processing relationships.

Suggested Sections

1. Parties: Identification of the data controller and data processor

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

3. Definitions: Key terms used throughout the agreement including 'Personal Data', 'Processing', 'Data Subject', etc.

4. Scope and Purpose of Processing: Detailed description of what data will be processed and for what purposes

5. Obligations of the Processor: Core responsibilities and commitments of the data processor

6. Security Measures: Technical and organizational measures for data protection

7. Data Breach Notification: Procedures and timelines for reporting data breaches

8. Term and Termination: Duration of the agreement and termination conditions

Optional Sections

1. Cross-Border Transfers: Provisions for international data transfers when data will be transferred outside the US

2. Industry-Specific Compliance: Additional requirements for specific sectors when processing regulated data (healthcare, financial, etc.)

3. Sub-processor Management: Rules for engaging and managing sub-processors when third-party sub-processors may be used

4. Data Subject Rights: Procedures for handling data subject requests when processing data of EU residents or under CCPA

Suggested Schedules

1. Schedule of Processing Activities: Detailed list of processing activities, categories of data, and purposes

2. Technical and Organizational Measures: Detailed security measures and controls implemented

3. Approved Sub-processors: List of authorized sub-processors and their roles

4. Standard Contractual Clauses: EU-approved clauses for international data transfers

5. Data Breach Response Plan: Detailed procedures 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
E-commerce
Education

Relevant Teams

Legal
Information Security
Privacy
Compliance
IT
Procurement

Relevant Roles

Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Compliance Manager

Industries

CCPA Compliance: California Consumer Privacy Act requirements for data processing, consumer rights, and privacy protections

CPRA Compliance: California Privacy Rights Act considerations as the successor to CCPA with enhanced privacy protections

GLBA Requirements: Gramm-Leach-Bliley Act requirements for processing financial data and related privacy safeguards

HIPAA Compliance: Health Insurance Portability and Accountability Act requirements for processing healthcare-related data

FTC Act Considerations: Federal Trade Commission Act requirements regarding unfair or deceptive practices in data processing

COPPA Requirements: Children's Online Privacy Protection Act requirements for processing data of children under 13

State Privacy Laws: Various state-specific privacy laws including Virginia's CDPA, Colorado's CPA, and Utah's UCPA

Data Breach Laws: State-specific data breach notification requirements and procedures

GDPR Considerations: General Data Protection Regulation compliance requirements if EU data subjects are involved

Privacy Shield Framework: Requirements for EU-US data transfers under the Privacy Shield Framework principles

PCI DSS Compliance: Payment Card Industry Data Security Standard requirements for payment data processing

FERPA Compliance: Family Educational Rights and Privacy Act requirements for educational data processing

Processing Scope: Clear definition of data processing purposes, limitations, and scope of activities

Security Measures: Technical and organizational security measures required for data protection

Confidentiality Obligations: Requirements for maintaining confidentiality of processed data

Sub-processor Management: Requirements and obligations for engaging and managing sub-processors

Breach Notification: Procedures and timelines for data breach notification

Data Subject Rights: Procedures for handling data subject rights requests and requirements

Audit Rights: Rights and procedures for conducting audits of data processing activities

Data Transfer Mechanisms: Requirements and safeguards for cross-border data transfers

Liability Framework: Liability and indemnification provisions for data processing activities

Term and Termination: Provisions governing the duration and termination of the data processing agreement

Find the exact document you need

Subprocessor Agreement

A U.S.-compliant legal agreement governing the relationship between a data processor and subprocessor for personal data processing activities.

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Authors

Alex Denne

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