The Data Processing Agreement (DPA) is required whenever an organization (the data controller) engages another party (the data processor) to process personal data on its behalf under Danish jurisdiction. This mandatory agreement, required by Article 28 of the GDPR and the Danish Data Protection Act, establishes the framework for compliant data processing activities. The DPA Agreement must detail the scope of processing, security measures, confidentiality obligations, and procedures for data breaches. It should address specific Danish legal requirements and incorporate guidance from the Datatilsynet. The document is essential for ensuring legal compliance, protecting data subjects' rights, and clearly defining the responsibilities of both parties in the data processing relationship.
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Key Requirements PROMPT example:
DPA Agreement
I need a DPA Agreement for my Danish software company acting as a data processor for multiple EU clients, including provisions for cloud storage sub-processors and international data transfers to our development team in India.
1. Parties: Identification of the data controller and data processor, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement
3. Definitions: Key terms used in the agreement, including those from GDPR and Danish law
4. Scope and Purpose: Details of the processing activities, categories of data subjects, and types of personal data
5. Duration: Term of the agreement, including start date and conditions for termination
6. Data Processor Obligations: Core obligations of the processor including processing only on documented instructions
7. Sub-processors: Conditions for engaging sub-processors and obtaining controller authorization
8. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection
9. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests
10. Personal Data Breaches: Notification requirements and procedures for handling data breaches
11. Audit Rights: Controller's rights to audit and processor's obligations to contribute to audits
12. Data Return and Deletion: Obligations regarding data handling upon agreement termination
13. Liability and Indemnification: Allocation of responsibility and liability between parties
14. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA
2. Specific Processing Instructions: Detailed processing instructions when complex or multiple processing activities are involved
3. Insurance Requirements: Specific insurance obligations when handling high-risk or large-scale processing
4. Business Continuity: Required for critical processing activities needing disaster recovery provisions
5. Confidentiality: Additional confidentiality provisions beyond standard data protection requirements
6. Cost Allocation: Specific provisions for allocation of costs related to data subject requests or breach management
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including purposes, categories of data subjects and data
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls 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: Details of transfer mechanisms for international data transfers if applicable
5. Schedule 5 - Contact Points: Key contacts for operational, technical and legal matters
6. Schedule 6 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Healthcare
Financial Services
Education
Retail
Professional Services
Manufacturing
Telecommunications
Public Sector
Cloud Services
Marketing and Advertising
Research and Development
Human Resources Services
Consulting
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Procurement
Information Governance
Privacy
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Privacy Analyst
Data Protection Specialist
Information Governance Manager
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