The Data Addendum is essential for organizations engaged in data processing activities under Austrian jurisdiction, serving as a supplementary agreement to existing service contracts where personal data processing occurs. It becomes necessary when one party processes personal data on behalf of another, ensuring compliance with both the GDPR and Austrian DSG requirements. This document should be implemented whenever there's a controller-processor relationship, particularly when the processing activities fall under Austrian jurisdiction or involve Austrian entities. The Data Addendum includes crucial provisions for data security, breach notification, audit rights, and data handling procedures, while incorporating specific Austrian legal requirements such as works council considerations and local regulatory obligations. It's particularly relevant following the Schrems II decision and updated requirements for international data transfers.
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1. Parties: Identification of the data controller and data processor, including full legal names and registration details
2. Background: Reference to the main agreement being supplemented and context of data processing relationship
3. Definitions: Key terms used in the addendum, including GDPR-specific terminology and agreement-specific terms
4. Scope and Purpose: Details of the data processing activities covered by the addendum
5. Roles and Responsibilities: Clear designation of parties as controller/processor or joint controllers and their respective obligations
6. Processing Instructions: Controller's documented instructions for processing, including permitted purposes and restrictions
7. Data Protection Obligations: Processor's obligations under GDPR Article 28 and Austrian DSG requirements
8. Security Measures: Overview of technical and organizational measures implemented to ensure data security
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
11. Audit Rights: Controller's rights to audit and verify compliance
12. Term and Termination: Duration of the addendum and procedures for termination
13. Return or Deletion of Data: Obligations regarding personal data upon termination of services
1. International Transfers: Required when personal data will be transferred outside the EEA, including SCCs implementation
2. Special Categories of Data: Additional safeguards when processing sensitive personal data under Article 9 GDPR
3. Joint Controller Provisions: Required when parties are acting as joint controllers rather than controller-processor
4. Data Protection Impact Assessment: Processor's assistance obligations when DPIA is required
5. Works Council Requirements: Required when processing employee data subject to works council approval
6. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for data protection officers and key representatives of both parties
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