This Data Processing Agreement (DPA Contract) is essential for organizations operating under Danish jurisdiction when engaging in relationships where personal data is processed by one party on behalf of another. The document is required under Article 28 of the GDPR and Danish data protection law whenever a data controller outsources processing of personal data to a data processor. It contains mandatory provisions including processing instructions, security measures, confidentiality obligations, and procedures for data breaches. The agreement ensures compliance with both EU GDPR requirements and specific Danish data protection regulations, incorporating guidance from the Danish Data Protection Authority. This DPA is particularly crucial for Danish businesses outsourcing data processing activities, cloud services, or utilizing third-party service providers who handle personal data.
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Key Requirements PROMPT example:
DPA Contract
I need a DPA Contract for my Danish software company acting as a data processor for multiple EU healthcare clients, with particular emphasis on handling sensitive medical data and including provisions for secure cross-border data transfers to our development team in India.
1. Parties: Identification of the data controller and data processor, including full legal names and registration details
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 Instructions: Details of the processing activities, including types of data, categories of data subjects, and processing instructions
5. Duration: Term of the agreement and conditions for termination
6. Processor Obligations: Core obligations of the processor including confidentiality, security measures, and assistance requirements
7. Sub-processors: Rules and procedures for engaging sub-processors
8. Data Subject Rights: Processor's obligations to assist with data subject requests
9. Data Security: Security measures and standards required for data protection
10. Personal Data Breach: Procedures for handling and reporting data breaches
11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
12. Data Transfers: Rules for transferring data, especially outside the EEA
13. Deletion and Return: Obligations regarding data deletion or return upon agreement termination
14. Liability and Indemnification: Allocation of liability and indemnification obligations
15. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction
1. Special Categories of Data: Additional requirements when processing sensitive personal data under Article 9 GDPR
2. Controller Obligations: Specific obligations of the controller, used when need to clarify controller responsibilities
3. Insurance Requirements: Specific insurance obligations, used for high-risk processing activities
4. Business Continuity: Business continuity and disaster recovery requirements, important for critical processing activities
5. Costs and Remuneration: Payment terms for processing services, if not covered in a separate service agreement
6. Joint Controllers: Additional provisions when multiple controllers are involved
7. Data Protection Officer: Specific provisions regarding DPO involvement and communication
1. Processing Activities: Detailed description of processing activities, categories of data subjects, and types of personal data
2. Technical and Organizational Measures: Detailed security measures and controls implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable
5. Security Breach Response Plan: Detailed procedures for handling personal data breaches
6. Audit Procedures: Specific procedures and requirements for conducting audits
7. Contact Points: List of key contacts and escalation procedures for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Healthcare
Financial Services
Professional Services
E-commerce
Education
Manufacturing
Telecommunications
Insurance
Retail
Consulting
Cloud Services
Marketing and Advertising
Human Resources
Research and Development
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Procurement
Operations
Vendor Management
Privacy
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
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Data Protection Specialist
Privacy Counsel
Vendor Manager
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