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Data Controller DPA

Data Controller DPA Template for Ireland

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Key Requirements PROMPT example:

Data Controller DPA

"I need a Data Controller DPA governed by Irish law for my fintech company that will be processing customer financial data through a cloud service provider, with specific provisions for international data transfers to the USA starting March 2025."

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Document background
The Data Controller DPA is a mandatory legal agreement required under Irish data protection law when an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document is essential for compliance with both the EU General Data Protection Regulation (GDPR) and Irish Data Protection Act 2018. It must be in place before any data processing begins and should detail the scope, purpose, and duration of processing, security measures, confidentiality obligations, and procedures for handling data breaches. The agreement is particularly crucial in Ireland, given its status as a major international business hub and the presence of numerous multinational companies processing EU residents' data. It includes specific provisions for international data transfers, which are common in Irish business operations, and addresses requirements set by the Irish Data Protection Commission.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of data processing

3. Definitions: Definitions of key terms, including GDPR-specific terminology and agreement-specific definitions

4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes

5. Duration of Processing: Timeframe for data processing activities and conditions for termination

6. Nature and Purpose of Processing: Specific details about how data will be processed and the legitimate basis for processing

7. Obligations of the Data Processor: Core responsibilities including security measures, confidentiality, and subprocessing requirements

8. Rights and Obligations of the Data Controller: Controller's responsibilities, including instructions for processing and audit rights

9. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection

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

11. Audit Rights and Cooperation: Controller's right to audit and processor's obligation to demonstrate compliance

12. Liability and Indemnities: Allocation of responsibility and liability between parties

13. Termination: Conditions for termination and data handling upon termination

14. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, including Standard Contractual Clauses references

2. Special Categories of Personal Data: Additional provisions when processing sensitive personal data as defined in GDPR Article 9

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

4. Data Protection Impact Assessment: Specific provisions when processing is likely to result in high risk to individuals

5. Joint Controller Arrangements: Required when the agreement involves joint controller relationships

6. Insurance Requirements: Specific insurance obligations for data protection-related incidents

7. Force Majeure: Provisions for handling circumstances beyond reasonable control affecting data processing

Suggested Schedules

1. Schedule 1 - Details of 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 Security Measures: Detailed security measures and controls implemented to protect personal data

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including Standard Contractual Clauses if applicable

5. Schedule 5 - Contact Points and Procedures: Key contacts and procedures for routine communications and breach notifications

6. Appendix A - Data Processing Instructions: Specific instructions from the controller regarding data processing activities

7. Appendix B - Audit Requirements: Detailed procedures and requirements for conducting audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions















































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Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

E-commerce and Retail

Education

Telecommunications

Insurance

Manufacturing

Public Sector

Pharmaceutical

Marketing and Advertising

Research and Development

Consulting Services

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Procurement

Privacy Office

Information Governance

Vendor Management

Data Protection

Contracts Administration

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 Director

Procurement Manager

Contract Manager

Chief Legal Officer

Privacy Counsel

Information Governance Manager

Data Protection Specialist

Vendor Management Officer

Industries








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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