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Data Addendum

Data Addendum Template for Saudi Arabia

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Key Requirements PROMPT example:

Data Addendum

"I need a Data Addendum for a cloud services agreement between our Saudi-based healthcare company and a US-based software provider, ensuring compliance with PDPL and including specific provisions for healthcare data localization requirements."

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Document background
This Data Addendum is essential for organizations operating in or providing services to Saudi Arabia that involve the processing of personal data. It should be used as a supplement to main service agreements where personal data processing is involved, ensuring compliance with the Saudi Personal Data Protection Law (PDPL) and its implementing regulations. The document becomes particularly crucial when data is processed across borders or when cloud services are utilized. The Data Addendum includes detailed provisions on data protection obligations, security measures, breach notification procedures, and cross-border transfer mechanisms, while addressing specific Saudi Arabian regulatory requirements including data localization where applicable. It is designed to protect both parties' interests while ensuring compliance with evolving data protection regulations in Saudi Arabia.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registration details

2. Background: Context of the addendum, reference to the main agreement, and purpose of the data processing relationship

3. Definitions: Key terms used in the addendum, aligned with PDPL definitions and main agreement terminology

4. Scope and Application: Description of how the addendum relates to the main agreement and its precedence

5. Data Processing Terms: Detailed terms of data processing, including purposes, types of data, and processing activities

6. Data Protection Obligations: Specific obligations under PDPL and other relevant Saudi regulations

7. Security Measures: Required technical and organizational security measures for data protection

8. Data Subject Rights: Procedures for handling data subject requests and rights under PDPL

9. Data Breach Notification: Procedures and timeframes for reporting data breaches

10. Cross-border Data Transfers: Rules and requirements for transferring data outside Saudi Arabia

11. Audit Rights: Rights and procedures for conducting data protection audits

12. Term and Termination: Duration of the addendum and termination provisions

13. Return or Deletion of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Confirmation of Saudi Arabian law and jurisdiction

Optional Sections

1. Data Localization Requirements: Additional provisions for sectors requiring data to be stored within Saudi Arabia

2. Sector-Specific Compliance: Additional requirements for regulated sectors (e.g., healthcare, financial services)

3. Sub-processor Terms: Specific terms for engaging and managing sub-processors, if applicable

4. Data Protection Impact Assessment: Requirements for DPIAs where processing presents high risks

5. Islamic Law Compliance: Specific provisions ensuring compliance with Sharia law principles

6. Cloud Computing Requirements: Additional provisions when cloud services are involved, as per CCRF

7. Business Continuity: Specific provisions for ensuring data availability and recovery

8. Insurance Requirements: Specific insurance obligations for data protection

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data subjects, and types of personal data

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Key contacts for data protection matters and breach reporting

7. Appendix B - Compliance Checklist: Checklist of PDPL and regulatory compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approved Sub-processor
Authorized Persons
Business Day
Confidential Information
Controller
Cross-border Transfer
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
Effective Date
Government Authority
International Transfer
Local Representative
Main Agreement
Personal Data
Personal Data Breach
PDPL
Processing
Processor
Regulatory Authority
Restricted Transfer
Saudi Data Protection Authority
Security Measures
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

E-commerce

Government Services

Education

Manufacturing

Professional Services

Insurance

Real Estate

Energy

Retail

Transportation

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Data Protection

Privacy

Vendor Management

Contract Management

Business Development

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

IT Director

Information Security Manager

Risk Manager

Operations Director

Contract Manager

Technology Officer

Chief Information Security Officer

Privacy Analyst

Procurement Manager

Project Manager

Business Development Manager

Chief Technology Officer

Industries
Personal Data Protection Law (PDPL): Saudi Arabia's primary data protection law enacted in 2021, which governs the collection, processing, disclosure, and storage of personal data
PDPL Implementing Regulations: Detailed regulations that supplement the PDPL and provide specific requirements for data processing, transfer, and protection measures
Cloud Computing Regulatory Framework (CCRF): Regulations issued by the Communications and Information Technology Commission (CITC) governing cloud computing services and data storage
Anti-Cyber Crime Law: Law addressing cybersecurity threats and unauthorized access to data, including penalties for data breaches and unauthorized processing
Electronic Transactions Law: Governs electronic transactions and digital signatures, relevant for data processing agreements and electronic consent mechanisms
Critical Systems and National Data Governance Regulations: Regulations concerning the storage and processing of sensitive national data and critical systems
Regulatory Framework for Cloud Service Providers: Specific requirements for cloud service providers operating in Saudi Arabia, including data localization requirements
Sharia Law Principles: Islamic legal principles relating to privacy, confidentiality, and data protection that must be considered in Saudi Arabian contracts
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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