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Data Processing Addendum DPA

Data Processing Addendum DPA Template for Austria

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Key Requirements PROMPT example:

Data Processing Addendum DPA

"I need a Data Processing Addendum DPA under Austrian law for our cloud software company that will process healthcare data for multiple EU hospitals, including provisions for sub-processors in the US and enhanced security measures for sensitive medical data."

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Document background
The Data Processing Addendum (DPA) is an essential legal document required whenever a company (controller) engages another party (processor) to process personal data on its behalf under Austrian jurisdiction. This document is mandatory under Article 28 of the GDPR and must comply with both EU-wide requirements and specific provisions of the Austrian Data Protection Act (DSG). The DPA supplements the main service agreement between parties and details specific obligations regarding data protection, including security measures, breach notifications, audit rights, and data subject request handling. It becomes particularly critical when processing sensitive personal data or when data transfers outside the EEA are involved. The document should be regularly reviewed and updated to ensure continued compliance with evolving data protection requirements and regulatory guidance from the Austrian Data Protection Authority.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the DPA, relationship to the main service agreement, and purpose of the addendum

3. Definitions: Definitions of key terms used in the DPA, aligned with GDPR terminology and Austrian law requirements

4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and processing purposes

5. Duration of Processing: Timeframe for data processing activities and relationship to the main agreement

6. Obligations of the Processor: Processor's duties under GDPR Article 28, including processing only on documented instructions

7. Obligations of the Controller: Controller's responsibilities and obligations regarding instructions and compliance

8. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process

9. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Personal Data Breach: Notification requirements and procedures in case of data breaches

12. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance

13. Data Return and Deletion: Obligations regarding data handling upon agreement termination

14. Liability and Indemnity: Allocation of responsibilities and liabilities between parties

15. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, incorporating SCCs as needed

2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

3. Joint Controller Provisions: Required when the relationship includes elements of joint controllership

4. Data Protection Impact Assessment: Specific provisions regarding DPIAs when processing is likely to result in high risk

5. Insurance Requirements: Specific insurance obligations for data protection-related incidents

6. Special Categories of Data: Additional safeguards when processing special categories of personal data

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, including data categories, subjects, and purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by the processor

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Standard Contractual Clauses: SCCs for international data transfers where applicable

5. Schedule 5 - Contact Points and Procedures: Operational contacts and procedures for routine communications and emergencies

6. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for handling data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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









































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Relevant Industries

Technology and Software

Cloud Services

Healthcare

Financial Services

E-commerce

Professional Services

Education

Telecommunications

Manufacturing

Retail

Insurance

Consulting

Marketing and Advertising

Human Resources

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Vendor Management

Data Protection

Information Governance

Corporate Security

Technology Operations

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Officer

IT Director

Privacy Manager

Risk Manager

Procurement Manager

Operations Director

Chief Technology Officer

Chief Information Security Officer

Chief Legal Officer

Contract Manager

Data Protection Specialist

Privacy Analyst

Vendor Management Officer

Industries






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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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