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Data Privacy Contract

Data Privacy Contract Template for Denmark

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Data Privacy Contract

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Document background
This Data Privacy Contract is essential for organizations operating under Danish jurisdiction that engage in the processing of personal data through third-party service providers. The document is specifically designed to meet the requirements of Article 28 of the GDPR and the Danish Data Protection Act, providing a formal framework for controller-processor relationships. It should be used whenever a data controller engages a data processor to handle personal data on its behalf, ensuring compliance with Danish and EU data protection requirements. The contract covers crucial aspects such as the scope of processing, security measures, data breach procedures, and international transfer mechanisms, while incorporating specific Danish legal requirements and regulatory guidance from Datatilsynet (the Danish Data Protection Authority).
Suggested Sections

1. Parties: Identification of the contracting parties and their roles (data controller and data processor)

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR definitions

4. Scope and Purpose: Details of the data processing activities covered by the agreement

5. Processor Obligations: Core obligations of the data processor under GDPR Article 28

6. Controller Obligations: Responsibilities and obligations of the data controller

7. Sub-processing: Rules and requirements for engaging sub-processors

8. Technical and Organizational Measures: Security measures required to protect personal data

9. Data Breaches: Procedures for handling and reporting personal data breaches

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

11. International Transfers: Rules for transferring personal data outside the EU/EEA

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

13. Data Deletion/Return: Obligations regarding data handling upon contract termination

14. Liability and Indemnification: Allocation of liability and indemnification obligations

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

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the processor - include when dealing with sensitive data or high-risk processing

2. Special Categories of Data: Additional provisions for processing sensitive personal data - include when applicable

3. Data Protection Impact Assessment: Obligations regarding DPIAs - include for high-risk processing activities

4. Joint Controller Provisions: Specific provisions if parties are acting as joint controllers - include when applicable

5. Processor Personnel: Specific requirements for processor's staff - include for sensitive processing activities

6. Business Continuity: Business continuity and disaster recovery requirements - include for critical processing activities

Suggested Schedules

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

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

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

4. Transfer Mechanisms: Details of mechanisms used for international data transfers (if applicable)

5. Contact Points and Procedures: Key contacts and detailed procedures for various obligations

6. Service Level Agreement: Specific service levels and performance metrics for data processing activities

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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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