Privacy Agreement Template for Austria

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Key Requirements PROMPT example:

Privacy Agreement

"I need a Privacy Agreement for my Austrian tech startup that will be processing customer data across the EU, including provisions for cloud storage and automated marketing tools, to be implemented by March 2025."

Document background
This Privacy Agreement template is designed for use in situations where organizations need to establish clear terms for the processing of personal data under Austrian jurisdiction. The document is essential when entities engage in data processing activities that fall under the scope of both the EU GDPR and Austrian data protection laws. It specifically addresses requirements set forth in the Austrian Data Protection Act (DSG) while maintaining compliance with broader EU regulations. The Privacy Agreement is particularly crucial for relationships involving data controllers and processors, covering aspects such as data security, breach notification, cross-border transfers, and data subject rights. It should be used whenever there is systematic processing of personal data, whether in commercial relationships, service provisions, or internal data handling procedures.
Suggested Sections

1. Parties: Identification of the data controller and data processor (if applicable), including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and the relationship between the parties regarding data processing activities

3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology and Austrian law

4. Scope and Purpose of Data Processing: Detailed description of what personal data will be processed and for what specific purposes

5. Data Protection Principles: Statement of compliance with GDPR principles including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity

6. Rights of Data Subjects: Explanation of how the rights of data subjects under GDPR will be protected and honored

7. Security Measures: Technical and organizational measures implemented to ensure data security

8. Data Breach Notification: Procedures for handling and reporting data breaches

9. Confidentiality: Obligations regarding confidentiality of personal data

10. Duration and Termination: Term of the agreement and conditions for termination

11. Return or Deletion of Data: Procedures for handling personal data after contract termination

12. Liability and Indemnification: Allocation of responsibility and liability between parties

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, specifying transfer mechanisms and safeguards

2. Sub-processing: Required when the data processor intends to use sub-processors, including procedures for appointing and changing sub-processors

3. Special Categories of Data: Required when processing sensitive personal data, specifying additional safeguards and legal basis

4. Employee Data Processing: Required when the agreement covers processing of employee personal data, including specific Austrian labor law requirements

5. Direct Marketing: Required when personal data will be used for marketing purposes, including consent mechanisms

6. Automated Decision Making: Required when automated processing, including profiling, is used to make decisions

7. Children's Data: Required when processing personal data of children, including parental consent mechanisms

8. Joint Controller Provisions: Required when parties act as joint controllers, defining respective responsibilities

Suggested Schedules

1. Schedule 1: Categories of Personal Data: Detailed list of personal data categories being processed

2. Schedule 2: Technical and Organizational Measures: Detailed description of security measures and controls implemented

3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4: Data Processing Activities: Detailed description of processing operations and purposes

5. Schedule 5: Transfer Mechanisms: Details of international transfer mechanisms and safeguards

6. Appendix A: Data Subject Request Procedure: Detailed procedure for handling data subject requests

7. Appendix B: Data Breach Response Plan: Detailed procedure for responding to data breaches

8. Appendix C: Audit Requirements: Specifications for data protection audits and assessments

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Professional Services

Telecommunications

Retail

Insurance

Manufacturing

Marketing and Advertising

Human Resources

Consulting

Research and Development

Public Sector

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Procurement

Human Resources

Information Governance

Corporate Affairs

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Chief Privacy Officer

General Counsel

Procurement Manager

Contract Manager

Operations Manager

HR Director

Information Governance 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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