This Personal Data Protection Agreement is essential for organizations processing personal data under Dutch jurisdiction, ensuring compliance with both EU GDPR (AVG) and Dutch-specific data protection requirements. The agreement is typically used when one party processes personal data on behalf of another, or when parties jointly determine the purposes and means of processing. It addresses critical aspects including security measures, data breach notifications, data subject rights, and international transfer requirements. The document is particularly important given the strict enforcement of data protection laws in the Netherlands and substantial fines for non-compliance under both EU and Dutch regulations. It should be regularly reviewed and updated to reflect changes in processing activities and regulatory requirements.
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1. Parties: Identification of the contracting parties and their roles (data controller and/or data processor)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology
4. Scope and Purpose: Details of the personal data processing activities covered by the agreement
5. Roles and Responsibilities: Specific obligations of each party under GDPR/AVG
6. Data Processing Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, and data minimization
7. Security Measures: Technical and organizational measures required to ensure appropriate security of personal data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
9. Data Breach Notification: Procedures and timelines for reporting and handling personal data breaches
10. Confidentiality: Obligations regarding confidentiality of personal data
11. Term and Termination: Duration of the agreement and conditions for termination
12. Return or Deletion of Data: Obligations regarding personal data upon termination of the agreement
13. Liability and Indemnification: Allocation of liability and indemnification obligations
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate transfer mechanisms
2. Sub-processing: Include when the data processor may engage sub-processors, specifying requirements for authorization
3. Audit Rights: Detailed audit provisions when regular audits are expected or required
4. Special Categories of Data: Additional safeguards when processing special categories of personal data under Article 9 GDPR
5. Data Protection Impact Assessment: Cooperation obligations when DPIAs are required
6. Insurance Requirements: Specific insurance obligations for high-risk processing activities
7. Joint Controller Provisions: Required when parties act as joint controllers under Article 26 GDPR
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 to protect personal data
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Contact Details: Contact information for data protection officers, representatives, and key personnel
5. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses for international data transfers if applicable
6. Appendix B - Data Breach Response Plan: Detailed procedures and contact information for handling data breaches
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Autoriteit Persoonsgegevens
AVG
Business Day
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Controllers
Personal Data
Personal Data Breach
Processing
Processor
Professional Service
Restricted Transfer
Schedule
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
UAVG
Unauthorized Processing
Applicable Data Protection Laws
Autoriteit Persoonsgegevens
AVG
Business Day
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Controllers
Personal Data
Personal Data Breach
Processing
Processor
Professional Service
Restricted Transfer
Schedule
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
UAVG
Unauthorized Processing
Clauses
Parties and Roles
Scope of Processing
Data Protection Compliance
Technical Security
Confidentiality
Sub-processing
International Transfer
Data Subject Rights
Breach Notification
Audit Rights
Liability
Indemnification
Term and Termination
Data Return and Deletion
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendment
Insurance
Survival
Scope of Processing
Data Protection Compliance
Technical Security
Confidentiality
Sub-processing
International Transfer
Data Subject Rights
Breach Notification
Audit Rights
Liability
Indemnification
Term and Termination
Data Return and Deletion
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendment
Insurance
Survival
Relevant Industries
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Manufacturing
Retail
Telecommunications
Insurance
Human Resources
Marketing Services
Cloud Services
Research and Development
Consulting
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Operations
Privacy
Data Protection
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
Operations Manager
Project Manager
Privacy Lawyer
Contract Manager
Chief Legal Officer
Data Protection Manager
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