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Sub Processing Agreement
"I need a Sub Processing Agreement under Austrian law for engaging a cloud storage provider who will process customer data on our behalf, with particular emphasis on healthcare data security requirements as we handle medical records, to be effective from March 1, 2025."
1. Parties: Identification of the main processor (as client) and the sub-processor (as service provider), including full legal names and registered addresses
2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of the sub-processing services and permitted purposes of data processing
5. Duration and Termination: Term of the agreement, termination rights and obligations, and consequences of termination
6. Sub-processor Obligations: Core obligations including processing only on documented instructions, confidentiality, security measures, and assistance obligations
7. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection
8. Data Subject Rights: Obligations to assist with data subject requests and ensure data subject rights are protected
9. Personal Data Breach: Notification requirements and procedures in case of data breaches
10. Audit Rights: Processor's rights to audit and inspect sub-processor's compliance
11. Return or Deletion of Data: Obligations regarding data handling upon termination of services
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. 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 appropriate transfer mechanisms
2. Insurance Requirements: Specific insurance obligations for the sub-processor, if required by the main processor
3. Business Continuity and Disaster Recovery: Requirements for maintaining service continuity, if critical to the processing activities
4. Specific Industry Requirements: Additional obligations for specific industries (e.g., healthcare, financial services)
5. Sub-sub-processing: Terms governing any further sub-processing, if permitted
6. Intellectual Property Rights: IP provisions if the sub-processing involves development or use of specific technologies
7. Change Control: Procedures for managing changes to the services or agreement, if complexity requires formal change management
1. Schedule 1 - Description of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by the sub-processor
3. Schedule 3 - Authorized Sub-sub-processors: List of approved further sub-processors, if any
4. Schedule 4 - Contact Details and Reporting Lines: Key contacts for operational, technical, and legal matters
5. Schedule 5 - Service Levels: Specific performance metrics and service levels for the sub-processing services
6. Appendix A - Standard Contractual Clauses: EU SCCs if international transfers are involved
7. Appendix B - Data Processing Instructions: Detailed processing instructions from the main processor
Authors
Information Technology
Cloud Services
Healthcare
Financial Services
E-commerce
Professional Services
Telecommunications
Education
Insurance
Manufacturing
Retail
Consulting
Legal
Compliance
Information Security
IT Operations
Data Protection
Procurement
Risk Management
Vendor Management
Information Technology
Privacy
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Operations Manager
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Privacy Analyst
Data Protection Specialist
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