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Supplier Data Processing Agreement

Supplier Data Processing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Supplier Data Processing Agreement

"I need a Supplier Data Processing Agreement under Dutch law for a cloud service provider based in the US who will process our customer data starting March 2025, including international data transfers and standard security measures."

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Document background
A Supplier Data Processing Agreement is required under Article 28 of the GDPR whenever a company (controller) engages a supplier (processor) to process personal data on its behalf. This document, governed by Dutch law, establishes the mandatory contractual framework for such processing activities, ensuring compliance with both EU and Dutch data protection requirements. It covers essential elements such as the scope of processing, security measures, confidentiality obligations, sub-processor management, and incident handling. The agreement is particularly crucial in the Netherlands, where the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) actively enforces GDPR compliance and requires detailed documentation of processing arrangements. This agreement should be used alongside the main service agreement and must be in place before any personal data processing begins.
Suggested Sections

1. Parties: Identification of the data controller (customer) and data processor (supplier), including registered details

2. Background: Context of the processing relationship and reference to main service agreement

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Defines the permitted processing activities and purposes

5. Duration: Term of the processing agreement, typically linked to main service agreement

6. Nature and Purpose of Processing: Detailed description of processing operations and legitimate purposes

7. Processor Obligations: Core obligations under Article 28 GDPR including security, confidentiality, and cooperation

8. Technical and Organizational Measures: Overview of security measures with reference to detailed schedule

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Processor's obligations to assist with data subject requests

11. Personal Data Breaches: Breach notification and cooperation requirements

12. Audit Rights: Controller's audit rights and processor's cooperation obligations

13. Data Return and Deletion: Obligations regarding data handling upon agreement termination

14. Liability and Indemnities: Allocation of risks and responsibilities

15. Governing Law and Jurisdiction: Specification of Dutch law and jurisdiction

Optional Sections

1. International Transfers: Required when personal data may be transferred outside the EEA, including SCCs implementation

2. Specific Security Requirements: For highly sensitive data processing or regulated industries

3. Industry-Specific Compliance: For regulated sectors like healthcare or financial services

4. Joint Controller Provisions: When the relationship may involve joint controllership scenarios

5. Insurance Requirements: Specific insurance obligations for high-risk processing

6. Business Continuity: For critical processing operations requiring specific continuity guarantees

Suggested Schedules

1. Schedule 1 - Processing Specifications: Detailed description of processing activities, categories of data subjects and personal 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 - Data Transfer Mechanisms: Details of transfer mechanisms including SCCs where applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Key contacts for operational, security and privacy matters

7. Appendix B - Audit Procedures: Detailed procedures for conducting audits and assessments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Technology

Healthcare

Financial Services

Retail

Manufacturing

Professional Services

Education

Telecommunications

E-commerce

Public Sector

Insurance

Marketing and Advertising

Research and Development

Transportation and Logistics

Energy and Utilities

Relevant Teams

Legal

Privacy

Information Security

Procurement

Compliance

Risk Management

Information Technology

Vendor Management

Data Protection

Operations

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Procurement Manager

IT Security Manager

Compliance Officer

Risk Manager

Information Security Officer

Chief Privacy Officer

Vendor Manager

Contract Manager

Chief Information Security Officer

Chief Legal Officer

Chief Technology Officer

Privacy Analyst

Data Protection Manager

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

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