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Data Protection Contracts
"I need a Data Protection Contract for my Irish tech startup that will be processing customer data through our cloud-based SaaS platform, with potential data transfers to the US and involvement of sub-processors for analytics and storage services."
1. Parties: Identification of the data controller(s) and data processor(s), including full legal names, registration details, and addresses
2. Background: Context of the data processing relationship and purpose of the agreement
3. Definitions: Definitions of key terms, including those from GDPR and Irish Data Protection Act 2018
4. Scope and Purpose of Processing: Detailed description of the data processing activities covered by the agreement
5. Duration of Processing: Timeframes for data processing activities and agreement validity
6. Nature and Purpose of Processing: Specific details about how and why data will be processed
7. Types of Personal Data: Categories of personal data to be processed
8. Categories of Data Subjects: Types of individuals whose data will be processed
9. Obligations of the Data Processor: Detailed processor obligations under GDPR Article 28 and Irish law
10. Obligations of the Data Controller: Controller's responsibilities and requirements
11. Security Measures: Technical and organizational security measures required
12. Sub-processing: Rules and requirements for engaging sub-processors
13. Data Subject Rights: Procedures for handling data subject requests
14. Data Breach Notification: Procedures and timeframes for breach reporting
15. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
16. Termination: Conditions for termination and data handling upon termination
17. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EEA, incorporating EU Standard Contractual Clauses
2. Special Categories of Personal Data: Required when processing sensitive personal data under Article 9 GDPR
3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
4. Joint Controller Provisions: Required when multiple controllers jointly determine processing purposes and means
5. Industry-Specific Compliance: Required for regulated industries with additional data protection requirements
6. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
7. Service Level Agreements: Optional section for defining performance metrics and standards
8. Force Majeure: Optional provisions for handling circumstances beyond parties' control
1. Schedule 1 - Processing Activities: Detailed description of all processing activities, including purposes, categories of data, and processing operations
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect personal data
3. Schedule 3 - Approved Sub-processors: List of authorized sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including SCCs where applicable
5. Schedule 5 - Contact Points: Key contacts for operational, security, and breach notification purposes
6. Appendix A - Data Processing Register: Template for maintaining records of processing activities
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
8. Appendix C - Audit Requirements: Specific procedures and requirements for compliance audits
Authors
Applicable Data Protection Law
Appropriate Technical and Organisational Measures
Authorised Person
Business Day
Controller
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Irish Data Protection Act
Information Commissioner
International Transfer
Joint Controller
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Schedule
Security Requirements
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Term
Third Country
Third Party
Transfer Mechanism
Valid Legal Basis
Written Instructions
Scope of Processing
Processor Obligations
Controller Obligations
Sub-processing
Confidentiality
Security Measures
Personal Data Breach
Data Subject Rights
Cross-border Data Transfers
Audit Rights
Liability
Indemnification
Insurance
Term and Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Regulatory Compliance
Technical Requirements
Data Protection Impact Assessment
Record Keeping
Staff Obligations
Warranties and Representations
Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Professional Services
Education
Insurance
Manufacturing
Retail
Pharmaceutical
Marketing Services
Cloud Services
Research and Development
Public Sector
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Procurement
Operations
Data Protection
Information Governance
Vendor Management
Corporate Security
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
Privacy Manager
Risk Manager
IT Director
Chief Information Security Officer
Chief Technology Officer
Chief Legal Officer
Procurement Manager
Contract Manager
Operations Director
Chief Operations Officer
Data Protection Specialist
Privacy Analyst
Information Governance Manager
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