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Data Privacy Addendum
"I need a Data Privacy Addendum under Austrian law for my cloud software company that will process customer data across the EU and US, with implementation planned for March 2025; it must include provisions for international data transfers and cloud storage security measures."
1. Parties: Identification of the data controller and data processor, including their registered details and representatives
2. Background: Context of the relationship between parties and reference to the main agreement this DPA supplements
3. Definitions: Key terms used in the DPA, aligned with GDPR and Austrian DSG definitions
4. Scope and Purpose: Details of the personal data processing activities covered by the agreement
5. Roles and Responsibilities: Clear delineation of parties' roles (controller/processor) and their respective obligations
6. Processing Instructions: Specific instructions for data processing, including permitted purposes and processing boundaries
7. Data Security Measures: Technical and organizational measures required to ensure appropriate security of personal data
8. Confidentiality: Obligations regarding confidentiality and training of personnel with data access
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Procedures for handling data subject requests and required cooperation
11. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
12. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
13. Term and Termination: Duration of the DPA and procedures for termination
14. Return or Deletion of Data: Obligations regarding personal data upon termination of services
15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including mechanisms for lawful transfers
2. Special Categories of Data: Include when processing sensitive personal data, specifying additional safeguards
3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
4. Joint Controller Provisions: Include when parties act as joint controllers rather than controller-processor
5. Industry-Specific Requirements: Include provisions specific to regulated industries (e.g., healthcare, financial services)
6. Works Council Requirements: Include when processing employee data requiring works council approval under Austrian law
1. Schedule 1 - Processing Details: 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 to protect personal data
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Standard Contractual Clauses: EU SCCs for international data transfers, if applicable
5. Schedule 5 - Data 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
Authors
Technology
Healthcare
Financial Services
E-commerce
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Retail
Marketing and Advertising
Cloud Services
Human Resources
Research and Development
Legal
Compliance
Information Security
IT
Risk Management
Operations
Procurement
Data Protection
Privacy
Vendor Management
Information Governance
Internal Audit
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Information Security Officer
Privacy Analyst
Data Protection Specialist
General Counsel
Head of Compliance
Chief Operating Officer
Vendor Manager
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