Sub Processing Agreement Template for Ireland
Generate a bespoke document
What is a Sub Processing Agreement?
The Sub Processing Agreement is essential when a data processor needs to engage another entity to process personal data on behalf of a data controller. This document is particularly crucial in the Irish business environment, where organizations must comply with both EU GDPR and Irish data protection laws. It should be used whenever a processor intends to delegate any data processing activities to a third party, ensuring that appropriate safeguards are in place for personal data protection. The agreement includes detailed provisions on data security, breach notification procedures, audit rights, and data subject rights, tailored to meet Irish legal requirements. It also addresses specific obligations under Article 28 of the GDPR regarding the processor-sub-processor relationship, including requirements for written authorization and contractual terms that flow down data protection obligations.
About the Sub Processing Agreement
A Sub Processing Agreement is a critical legal document that governs the relationship between a data processor and a sub-processor when personal data processing is delegated to a third party. Under Irish data protection law, this agreement ensures compliance with both the GDPR and the Data Protection Act 2018, creating legally binding obligations that protect personal data throughout the processing chain.
When do you need this document?
You need a Sub Processing Agreement whenever your business acts as a data processor and wants to engage another organization to handle personal data processing activities on your behalf. This is common when outsourcing IT services, cloud storage, customer support, or specialized data analytics. The agreement is also essential when expanding operations and need to delegate processing to subsidiary companies or international partners. Irish businesses frequently require this document when working with software providers, marketing agencies, or any third-party service that will access personal data as part of their services.
Key legal considerations
The agreement must include specific clauses mandated by Article 28 of the GDPR, including detailed descriptions of processing activities, data categories, and retention periods. You must ensure the sub-processor provides sufficient guarantees regarding technical and organizational security measures. The document should establish clear data breach notification procedures, with sub-processors required to notify you within 24 hours of becoming aware of any breach. Audit rights are crucial, allowing you to inspect the sub-processor's compliance through on-site audits or third-party certifications. The agreement must also include termination clauses that require immediate data return or destruction upon contract expiry.
Legal requirements in Ireland
Under Irish law, you must obtain explicit written authorization from the data controller before engaging any sub-processor, unless general authorization was previously granted. The Data Protection Act 2018 requires that sub-processing agreements include the same data protection obligations that bind you as the main processor. Irish businesses must ensure sub-processors implement appropriate technical and organizational measures that meet Irish cybersecurity standards under the Criminal Justice Act 2017. The agreement must comply with cross-border data transfer restrictions, particularly when engaging sub-processors outside the EU. Additionally, you must maintain records of all sub-processing activities as required by the Data Protection Commission Ireland, including regular assessments of sub-processor compliance with Irish data protection requirements.
GOVERNING LAW
Applicable law
This Sub Processing Agreement is drafted to comply with Ireland law. Key legislation includes:
Data Protection Act 2018 (Ireland): Irish legislation that supplements GDPR and provides specific national requirements for data protection in Ireland.
European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011: Irish regulations governing electronic communications and data privacy, relevant for digital data processing activities.
Criminal Justice (Offences Relating to Information Systems) Act 2017: Irish legislation relevant for data security requirements and cybercrime prevention measures in data processing activities.
Irish Contract Law: Common law principles governing contract formation, execution, and enforcement in Ireland, including requirements for valid contracts.
European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013: Relevant when sub-processing involves consumer data, setting out requirements for consumer protection in data handling.
Data Protection Act (Section 36(2)) (Health Research) Regulations 2018: Specific regulations for processing health-related data, if the sub-processing agreement involves medical or health information.
EU Standard Contractual Clauses (SCCs): Required for international data transfers outside the EEA, if the sub-processor is located in a third country.
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it