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DPA Contract

DPA Contract Template for Denmark

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DPA Contract

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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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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