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Data Addendum
"I need a Data Addendum under Austrian law for a cloud services agreement with a US-based provider, including provisions for international data transfers and specific security requirements for healthcare data processing starting March 2025."
1. Parties: Identification of the data controller and data processor, including full legal names and registration details
2. Background: Reference to the main agreement being supplemented and context of data processing relationship
3. Definitions: Key terms used in the addendum, including GDPR-specific terminology and agreement-specific terms
4. Scope and Purpose: Details of the data processing activities covered by the addendum
5. Roles and Responsibilities: Clear designation of parties as controller/processor or joint controllers and their respective obligations
6. Processing Instructions: Controller's documented instructions for processing, including permitted purposes and restrictions
7. Data Protection Obligations: Processor's obligations under GDPR Article 28 and Austrian DSG requirements
8. Security Measures: Overview of technical and organizational measures implemented to ensure data security
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
11. Audit Rights: Controller's rights to audit and verify compliance
12. Term and Termination: Duration of the addendum and procedures for termination
13. Return or Deletion of Data: Obligations regarding personal data upon termination of services
1. International Transfers: Required when personal data will be transferred outside the EEA, including SCCs implementation
2. Special Categories of Data: Additional safeguards when processing sensitive personal data under Article 9 GDPR
3. Joint Controller Provisions: Required when parties are acting as joint controllers rather than controller-processor
4. Data Protection Impact Assessment: Processor's assistance obligations when DPIA is required
5. Works Council Requirements: Required when processing employee data subject to works council approval
6. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures 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, including SCCs if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for data protection officers and key representatives of both parties
Authors
Austrian Data Protection Act
Authorized Sub-processor
Controller
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Main Agreement
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Transfer Mechanism
Works Council
Documented Instructions
Confidential Information
Permitted Purpose
Processing Instructions
Data Protection Impact Assessment
Records of Processing
Cross-Border Transfer
Appropriate Safeguards
Joint Controller
Data Protection Officer
EU Representative
Binding Corporate Rules
Adequate Country
Interpretation
Scope of Processing
Controller Obligations
Processor Obligations
Sub-processing
Data Security
Confidentiality
Data Subject Rights
Data Breach Notification
Audit Rights
International Transfers
Liability
Indemnification
Term and Termination
Data Deletion
Governing Law
Jurisdiction
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Compliance with Laws
Technical Requirements
Security Standards
Personnel Obligations
Insurance
Documentation
Regulatory Cooperation
Technology
Healthcare
Financial Services
Retail
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Real Estate
Energy
Transportation
Media and Entertainment
Public Sector
E-commerce
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Procurement
Operations
Vendor Management
Data Protection
Information Governance
Corporate Affairs
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Privacy Manager
Operations Director
Chief Operating Officer
Data Protection Specialist
Vendor Management Officer
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