Data Processing Agreement Template for Denmark

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Data Processing Agreement

I need a Data Processing Agreement for my Danish software company acting as a processor for multiple EU clients, with specific provisions for cloud storage and regular security audits to be conducted quarterly starting January 2025.

What is a Data Processing Agreement?

This Data Processing Agreement is essential for organizations engaging in the processing of personal data within the Danish legal framework. It is required whenever an organization (processor) processes personal data on behalf of another organization (controller), ensuring compliance with both the GDPR and Danish data protection laws. The agreement includes mandatory provisions required by Article 28 of the GDPR and additional requirements specific to Danish law, as overseen by the Danish Data Protection Agency. It covers critical aspects such as data security measures, breach notification procedures, sub-processor management, and data subject rights. This document is particularly important given Denmark's strict interpretation and enforcement of data protection requirements, and it must be in place before any processing of personal data begins.

What sections should be included in a Data Processing Agreement?

1. Parties: Identification of the data controller and data processor, including their legal representatives

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

3. Definitions: Key terms used in the agreement, including those from GDPR and Danish law

4. Scope and Purpose: Details of the processing activities covered by the agreement

5. Duration: Term of the agreement and conditions for termination

6. Nature and Purpose of Processing: Detailed description of why and how personal data will be processed

7. Types of Personal Data and Categories of Data Subjects: Specification of the personal data types and whose data will be processed

8. Obligations of the Controller: Responsibilities and duties of the data controller

9. Obligations of the Processor: Core processor obligations including security, confidentiality, and assistance requirements

10. Sub-processing: Rules and requirements for engaging sub-processors

11. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

12. Personal Data Breaches: Notification requirements and procedures for handling data breaches

13. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance

14. Return or Deletion of Data: Requirements for data handling upon agreement termination

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

16. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction

What sections are optional to include in a Data Processing Agreement?

1. International Data Transfers: Required when personal data may be transferred outside the EU/EEA, including transfer mechanisms and safeguards

2. Specific Technical Requirements: Include when there are industry-specific or client-specific technical requirements for data processing

3. Insurance Requirements: Include when specific insurance coverage is required for the processing activities

4. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed

5. Special Categories of Personal Data: Required when processing sensitive data categories under Article 9 GDPR

6. Data Protection Impact Assessments: Include when high-risk processing requires specific DPIA procedures

7. Cooperation with Supervisory Authorities: Include when specific procedures for regulatory cooperation are required

What schedules should be included in a Data Processing Agreement?

1. Schedule 1 - Processing Activities: Detailed description of all processing activities, including purposes, data types, and processing operations

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented to ensure appropriate level of security

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms if applicable

5. Schedule 5 - Service Level Agreement: Specific service levels and performance metrics for the processing activities

6. Schedule 6 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches

7. Schedule 7 - Audit Procedures: Specific procedures and requirements for conducting audits

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

alex.den.21@genieai.co

Relevant legal definitions

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Technology and Software

Healthcare

Financial Services

Education

Retail

Manufacturing

Professional Services

Telecommunications

Public Sector

Insurance

E-commerce

Cloud Services

Marketing and Advertising

Research and Development

Consulting

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Procurement

Operations

Vendor Management

Data Protection

Information Technology

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Operations Manager

Procurement Manager

Contract Manager

Risk Manager

Chief Legal Officer

General Counsel

Privacy Manager

Data Protection Manager

IT Security Manager

Vendor Manager

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Let's create your Data Processing Agreement

What is a Data Processing Agreement?

What sections should be included in a Data Processing Agreement?

What sections are optional to include in a Data Processing Agreement?

What schedules should be included in a Data Processing Agreement?

Authors

Alex Denne

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