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Data Privacy Addendum Template for Denmark

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Data Privacy Addendum

Document background
The Data Privacy Addendum is a critical legal document required whenever a business relationship involves the processing of personal data under Danish jurisdiction. It supplements existing service agreements to ensure compliance with the General Data Protection Regulation (GDPR) and Danish data protection laws. This document becomes necessary when one party (the data processor) processes personal data on behalf of another party (the data controller), establishing clear responsibilities, security requirements, and compliance obligations. The addendum is particularly important in the Danish context as it must address specific requirements under the Danish Data Protection Act while maintaining alignment with broader EU data protection principles. It includes detailed provisions for data handling, security measures, breach notifications, and international data transfers, making it essential for any business relationship involving personal data processing in Denmark.
Suggested Sections

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

2. Background: Context of the DPA, reference to the main agreement, and purpose of the addendum

3. Definitions: Key terms used in the DPA, including those from GDPR and Danish Data Protection Act

4. Scope and Purpose of Processing: Details of what personal data will be processed, for what purposes, and the duration of processing

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and cooperation requirements

6. Sub-processors: Rules for appointment and management of sub-processors, including authorization requirements

7. Data Subject Rights: Processes for handling data subject requests and processor's assistance obligations

8. Data Security: Required technical and organizational security measures

9. Personal Data Breach: Procedures for breach notification and management

10. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

11. Cross-border Data Transfers: Rules and safeguards for international data transfers

12. Term and Termination: Duration of the DPA and procedures for termination

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

14. Liability and Indemnification: Allocation of responsibility and liability between parties

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Special Categories of Personal Data: Additional safeguards required when processing sensitive personal data under Article 9 GDPR

2. Data Protection Impact Assessments: Include when high-risk processing requires DPIAs under Article 35 GDPR

3. Representatives in the EU: Required when either party is based outside the EU

4. Joint Controller Provisions: Include when the relationship involves joint controllership rather than controller-processor

5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

6. Data Protection Officer: Contact details and roles of DPOs where appointed by either party

7. Insurance Requirements: Specific insurance obligations for data protection risks

Suggested Schedules

1. Description of Processing Activities: Detailed description of personal data, categories of data subjects, processing purposes and activities

2. Technical and Organizational Measures: Detailed security measures implemented by the processor

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

4. Standard Contractual Clauses: EU SCCs for international data transfers where applicable

5. Data Breach Response Plan: Detailed procedures and contact information for breach response

6. Audit Procedures: Specific procedures and requirements for conducting compliance audits

7. Data Protection Impact Assessment Template: Template and procedures for conducting DPIAs when required

Authors

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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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