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Standard Data Processing Agreement

Standard Data Processing Agreement Template for Austria

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Key Requirements PROMPT example:

Standard Data Processing Agreement

"I need a Standard Data Processing Agreement under Austrian law for our cloud-based software service, which will process customer data across the EU and UK, with potential transfers to our development team in India starting March 2025."

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Document background
A Standard Data Processing Agreement is required whenever an organization (the data controller) engages a service provider (the data processor) to process personal data on its behalf. This document, governed by Austrian law, ensures compliance with Article 28 of the GDPR and the Austrian Data Protection Act (DSG). It is essential for any service relationship involving personal data processing, from cloud services to payroll processing. The agreement details processing instructions, security requirements, confidentiality obligations, sub-processor management, and incident handling procedures. It must be in place before any processing begins and should be regularly reviewed to ensure continued compliance with Austrian and EU data protection requirements.
Suggested Sections

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

2. Background: Context of the processing relationship and reference to the main service agreement

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions

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

5. Duration: Term of the DPA and its relationship to the main service agreement

6. Obligations of the Processor: Core processor obligations 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. Security Measures: Technical and organizational measures implemented to ensure appropriate security

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Processor's obligations to assist with data subject requests

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

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

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

Optional Sections

1. International Data Transfers: Required if personal data will be transferred outside the EEA, including references to transfer mechanisms

2. Insurance Requirements: Optional section specifying required insurance coverage for the processor

3. Business Continuity: Optional section detailing business continuity and disaster recovery requirements

4. Specific Security Requirements: Additional security requirements beyond standard measures, used for sensitive data processing

5. Exit Management: Detailed procedures for transition of services, used in complex processing relationships

6. Cost Allocation: Optional section defining cost responsibilities for compliance activities

Suggested Schedules

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

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: If applicable, Standard Contractual Clauses or other transfer mechanisms

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters

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

































Clauses


























Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

E-commerce and Retail

Education

Manufacturing

Telecommunications

Insurance

Real Estate

Construction

Transportation and Logistics

Energy and Utilities

Media and Entertainment

Non-profit Organizations

Public Sector

Research and Development

Hospitality and Tourism

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Procurement

Risk Management

Operations

Data Protection

Vendor Management

Commercial

Information Governance

Contract Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Project Manager

Chief Legal Officer

Privacy Analyst

Information Governance Manager

Vendor Manager

Commercial Director

Chief Operating Officer

Data Protection Specialist

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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