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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."
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
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
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
Applicable Data Protection Laws
Austrian Data Protection Act
Authorized Personnel
Automated Decision-Making
Business Purpose
Consent
Controller
Data Breach
Data Processing Agreement
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Data Subject Rights
Data Transfer
EEA
EU Standard Contractual Clauses
GDPR
Joint Controllers
Personal Data
Processing
Processor
Profiling
Pseudonymization
Records of Processing Activities
Representative
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Third Party
Transfer Mechanism
Scope of Processing
Data Protection Compliance
Processing Instructions
Confidentiality
Security Measures
Sub-processing
Data Subject Rights
Data Breach Notification
Cross-border Transfers
Audit Rights
Liability
Indemnification
Insurance
Term and Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Variations
Third Party Rights
Warranties
Service Levels
Personnel Obligations
Documentation
Reporting
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Telecommunications
Retail
Insurance
Manufacturing
Marketing and Advertising
Human Resources
Consulting
Research and Development
Public Sector
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Privacy
Operations
Procurement
Human Resources
Information Governance
Corporate Affairs
Regulatory Affairs
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
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Organizational security
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Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
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Read our Privacy Policy.