This Data Privacy Contract is essential for organizations engaged in personal data processing activities under Dutch jurisdiction. It should be used whenever a party (controller) engages another party (processor) to process personal data on its behalf, or when parties act as joint controllers. The contract ensures compliance with the GDPR, Dutch GDPR Implementation Act (UAVG), and other relevant Dutch privacy laws. It covers crucial aspects such as processing scope, security measures, data breach procedures, and international transfer requirements. This document is particularly important given the strict data protection regime in the Netherlands and the significant penalties for non-compliance with privacy regulations. The contract provides a framework for lawful data processing while protecting the rights of data subjects and defining clear responsibilities between the parties involved.
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1. Parties: Identification of the contracting parties (data controller, processor, or joint controllers)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, aligned with GDPR definitions
4. Subject Matter and Duration: Scope of data processing activities and duration of the agreement
5. Nature and Purpose of Processing: Detailed description of how and why personal data will be processed
6. Types of Personal Data and Categories of Data Subjects: Specification of personal data types and individuals affected
7. Obligations and Rights of the Controller: Controller's responsibilities and authority regarding data processing
8. Processor Obligations: Processor's duties including security, confidentiality, and cooperation requirements
9. Technical and Organizational Measures: Security measures for protecting personal data
10. Sub-processing: Rules and requirements for engaging sub-processors
11. Data Subject Rights: Procedures for handling data subject requests and rights
12. Personal Data Breaches: Breach notification and response procedures
13. Audit Rights: Controller's rights to verify compliance
14. Liability and Indemnities: Allocation of responsibilities and risks
15. Term and Termination: Duration, renewal, and termination provisions
16. Return or Deletion of Data: Obligations regarding data handling upon contract termination
17. Governing Law and Jurisdiction: Specification of Dutch law application and dispute resolution
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards
2. Joint Controller Arrangements: Required when parties are joint controllers, defining respective responsibilities
3. Special Categories of Personal Data: Additional safeguards when processing sensitive personal data
4. Data Protection Impact Assessment: Procedures when processing requires DPIA
5. Records of Processing: Specific requirements for maintaining processing records
6. Insurance Requirements: Specific insurance obligations for data protection
7. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing
1. Schedule 1 - Processing Activities: Detailed description of all processing activities, purposes, and data categories
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented
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 - Data Breach Response Plan: Detailed procedures for handling personal data breaches
6. Schedule 6 - Contact Points: Key contacts for data protection matters and breach reporting
7. Appendix A - Standard Contractual Clauses: EU SCCs if required for international transfers
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Sub-processor
Business Day
Controller
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
Dutch DPA
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Controller
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
UAVG
Working Day
Applicable Data Protection Laws
Authorized Sub-processor
Business Day
Controller
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
Dutch DPA
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Controller
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
UAVG
Working Day
Clauses
Definitions
Scope
Data Processing
Confidentiality
Security
Sub-Processing
Data Subject Rights
Data Protection
International Transfer
Audit Rights
Breach Notification
Liability
Indemnification
Compliance
Record Keeping
Cooperation
Technical Requirements
Governing Law
Dispute Resolution
Force Majeure
Term and Termination
Data Return and Deletion
Amendment
Assignment
Severability
Entire Agreement
Notices
Warranties
Insurance
Remedies
Scope
Data Processing
Confidentiality
Security
Sub-Processing
Data Subject Rights
Data Protection
International Transfer
Audit Rights
Breach Notification
Liability
Indemnification
Compliance
Record Keeping
Cooperation
Technical Requirements
Governing Law
Dispute Resolution
Force Majeure
Term and Termination
Data Return and Deletion
Amendment
Assignment
Severability
Entire Agreement
Notices
Warranties
Insurance
Remedies
Relevant Industries
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Manufacturing
Telecommunications
Insurance
Retail
Marketing and Advertising
Research and Development
Transportation and Logistics
Human Resources Services
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Privacy
Operations
Information Management
Procurement
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Privacy Lawyer
Contract Manager
Operations Director
Chief Legal Officer
Data Governance Manager
Privacy Consultant
Information Management Officer
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