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Data Transfer Addendum
"I need a Data Transfer Addendum under Austrian law for transferring customer health data from our Vienna-based medical clinic to our cloud service provider in Germany, with specific provisions for handling sensitive medical information and ensuring GDPR compliance."
1. Parties: Identification of the data exporter and data importer, including their registered addresses and authorized representatives
2. Background: Context of the underlying agreement this addendum relates to and the purpose of the data transfer arrangement
3. Definitions: Key terms used in the addendum, including specific Austrian law and GDPR terminology
4. Scope and Purpose of Data Transfer: Detailed description of the types of data being transferred and the specific purposes for which it may be processed
5. Data Protection Safeguards: Specific measures to ensure GDPR compliance and Austrian law requirements for data protection
6. Data Transfer Mechanisms: Legal basis for the transfer and specific transfer mechanisms being relied upon
7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under GDPR and Austrian law
8. Security Measures: Technical and organizational measures required to protect the transferred data
9. Breach Notification: Procedures and timelines for reporting data breaches
10. Audit Rights: Rights and procedures for conducting audits of data processing activities
11. Duration and Termination: Term of the addendum and conditions for termination
12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
1. Sub-processor Provisions: Required when the data importer intends to use sub-processors for data processing activities
2. Special Categories of Data: Include when sensitive personal data or special categories under GDPR Article 9 are being transferred
3. Data Return and Deletion: Detailed procedures for returning or deleting data, needed for more complex data handling arrangements
4. Cross-border Transfer Mechanisms: Required when data transfers occur outside the EEA
5. Industry-Specific Requirements: Additional provisions for regulated industries like healthcare or financial services
6. Local Representative: Required when either party needs to appoint a representative in the EU/Austria
7. Insurance Requirements: Specific insurance obligations for high-risk data transfers
1. Schedule 1 - Description of Transfer: Detailed information about the data transfer including categories of data subjects, types of personal data, frequency of transfer, and retention periods
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by both parties
3. Schedule 3 - Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international data transfers
5. Appendix A - Contact Details: Contact information for data protection officers, representatives, and key personnel
6. Appendix B - Standard Contractual Clauses: If applicable, the full text of relevant SCCs for international transfers
7. Appendix C - Processing Instructions: Detailed instructions regarding the processing of transferred data
Authors
Applicable Data Protection Laws
Austrian Data Protection Act
Authorised Recipients
Controller
Data Exporter
Data Importer
Data Protection Authority
Data Subject
Data Subject Rights
Data Transfer Impact Assessment
DSG
EEA
EU Standard Contractual Clauses
GDPR
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Transfer Mechanism
Transfer Safeguards
Underlying Agreement
Scope
Data Protection
Transfer Mechanisms
Security Requirements
Confidentiality
Compliance
Audit Rights
Data Subject Rights
Breach Notification
Sub-processing
Cross-border Transfers
Liability
Indemnification
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notice
Data Return and Deletion
Survival
Representatives
Insurance
Warranties
Technology and Software
Healthcare and Medical Services
Financial Services
Professional Services
E-commerce
Manufacturing
Telecommunications
Education
Insurance
Research and Development
Pharmaceutical
Consulting Services
Cloud Services
Digital Marketing
Human Resources Services
Legal
Compliance
Information Security
Data Protection
IT
Risk Management
Procurement
Information Governance
International Business
Privacy
Operations
Contract Management
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Security Officer
Privacy Manager
Data Protection Specialist
IT Security Manager
Procurement Manager
Contract Manager
Risk Manager
Information Governance Manager
International Business Development Manager
Chief Legal Officer
Data Protection Coordinator
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