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Sub Processing Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Sub Processing Agreement is essential when a data processor needs to engage another entity (sub-processor) to perform data processing activities on its behalf. This document is specifically designed for use under Austrian law and ensures compliance with both the GDPR and Austrian data protection requirements. It becomes necessary when a processor wants to delegate any part of its processing activities, whether for technical services, cloud storage, data analysis, or other processing operations. The agreement must be in place before any sub-processing begins and should detail the scope of processing, security measures, confidentiality obligations, and compliance requirements. It's particularly important as it helps maintain the chain of accountability in data processing operations and ensures that all parties involved in processing personal data adhere to the same high standards of data protection required by EU and Austrian law.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions

































Clauses






























Relevant Industries

Information Technology

Cloud Services

Healthcare

Financial Services

E-commerce

Professional Services

Telecommunications

Education

Insurance

Manufacturing

Retail

Consulting

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Data Protection

Procurement

Risk Management

Vendor Management

Information Technology

Privacy

Relevant Roles

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

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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