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Sub Processing Agreement
I need a Sub Processing Agreement for our Danish cloud services company to engage a US-based data analytics provider, ensuring GDPR compliance and including standard contractual clauses, with the agreement to commence from March 1, 2025.
1. Parties: Identification of the main processor (as customer) and the sub-processor (as service provider), including their legal representatives
2. Background: Context of the agreement, reference to the main processing agreement, and the purpose of engaging a sub-processor
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose: Detailed description of the processing activities to be carried out by the sub-processor
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Sub-processor Obligations: Core obligations including processing only on documented instructions, confidentiality, security measures, and data breach notification requirements
7. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection
8. Assistance to Processor: Sub-processor's obligations to assist the main processor in fulfilling its obligations to the controller
9. Audit Rights: Provisions for conducting audits and inspections of sub-processor's facilities and practices
10. Data Breach Management: Procedures for handling and reporting personal data breaches
11. Data Transfer Mechanisms: Rules for international data transfers and ensuring adequate protection
12. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
13. Termination: Conditions for termination and obligations upon termination including data deletion or return
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Sub-sub-processors: Include when the sub-processor may need to engage additional sub-processors, specifying authorization requirements and obligations
2. Special Categories of Data: Include when processing involves sensitive personal data, specifying additional safeguards
3. Data Protection Impact Assessment: Include when processing is likely to result in high risk to rights and freedoms of natural persons
4. Insurance Requirements: Include when specific insurance coverage is required for data processing activities
5. Business Continuity: Include when continuous service availability is critical, specifying disaster recovery and business continuity requirements
6. Exit Management: Include when complex transition arrangements are needed upon termination
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 sub-processor
3. Schedule 3 - Approved Sub-sub-processors: List of pre-approved sub-sub-processors, if any, including their locations and processing activities
4. Schedule 4 - Contact Points and Procedures: Contact details for key personnel and procedures for routine communications and emergencies
5. Schedule 5 - Audit Requirements: Specific procedures and requirements for conducting audits
6. Appendix A - Standard Contractual Clauses: If applicable, for international data transfers outside the EU/EEA
7. Appendix B - Service Level Agreement: Specific service levels and performance metrics for the sub-processing activities
Authors
Applicable Data Protection Law
Authorized Sub-processor
Business Day
Controller
Data Subject
Danish Data Protection Act
EEA
EU Standard Contractual Clauses
GDPR
Main Processing Agreement
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Restricted Transfer
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Country
Supervisory Authority
Data Protection Impact Assessment
Records of Processing Activities
Confidential Information
Data Protection Officer
Data Minimization
Security Incident
Processing Location
Authorized Personnel
Exit Plan
Force Majeure Event
Intellectual Property Rights
Appointment
Duration
Scope of Processing
Processing Obligations
Confidentiality
Security
Data Protection
Sub-Processing
Audit Rights
Data Breach
International Transfers
Technical Requirements
Assistance and Cooperation
Record Keeping
Liability
Indemnification
Insurance
Force Majeure
Termination
Exit Management
Assignment
Notices
Variation
Severability
Entire Agreement
Governing Law
Jurisdiction
Data Subject Rights
Compliance
Warranties
Performance Standards
Business Continuity
Dispute Resolution
Information Technology
Cloud Services
Financial Services
Healthcare
E-commerce
Telecommunications
Professional Services
Manufacturing
Education
Research and Development
Digital Marketing
Human Resources Services
Legal
Compliance
Information Security
IT
Procurement
Risk Management
Data Protection
Vendor Management
Operations
Privacy
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Procurement Manager
Contract Manager
Risk Manager
Chief Technology Officer
Chief Information Security Officer
Data Protection Specialist
Privacy Lawyer
Vendor Manager
Operations Director
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