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Data Processing Addendum

Data Processing Addendum Template for Ireland

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Key Requirements PROMPT example:

Data Processing Addendum

"I need a Data Processing Addendum for my cloud software company based in Dublin that will process customer data across the EU and UK, with the ability to add multiple sub-processors throughout 2025 and include standard contractual clauses for international transfers."

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Document background
A Data Processing Addendum is essential whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document, governed by Irish law, serves as a critical compliance tool for ensuring adherence to both EU GDPR and Irish data protection requirements. It should be used as an addendum to main service agreements where personal data processing is involved, whether for cloud services, outsourcing, or any other data processing activities. The DPA includes mandatory provisions required by Article 28 GDPR, Irish-specific requirements, and practical operational procedures for managing the data processing relationship. It covers crucial aspects such as security measures, breach notification procedures, audit rights, and data transfer mechanisms, while incorporating specific requirements from the Irish Data Protection Commission's guidance and the Data Protection Act 2018.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including registered addresses and company details

2. Background: Context of the relationship between parties, reference to main agreement, and purpose of the DPA

3. Definitions: Definitions of key terms used in the DPA, including GDPR-specific terminology

4. Scope and Purpose: Details of the processing activities covered by the addendum and their purpose

5. Duration: Term of the DPA and its relationship to the main agreement's duration

6. Nature and Purpose of Processing: Detailed description of how and why personal data will be processed

7. Processor Obligations: Core obligations of the processor under GDPR Article 28, including security measures, confidentiality, and cooperation requirements

8. Sub-processing: Rules and requirements for engaging sub-processors, including authorization processes

9. Data Subject Rights: Processor's obligations to assist controller with data subject requests

10. Data Security: Security measures required to protect personal data during processing

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

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

13. Return or Deletion of Data: Requirements for handling personal data upon termination of services

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

15. Governing Law and Jurisdiction: Confirmation 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, incorporating Standard Contractual Clauses

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

3. Joint Controller Provisions: Required when the relationship includes elements of joint controllership

4. Industry-Specific Compliance: Additional requirements for specific regulated industries (e.g., healthcare, financial services)

5. Data Protection Impact Assessments: Processor's obligations to assist with DPIAs when required

6. Representative in the EU: Required when the processor is not established in the EU but Article 27 GDPR applies

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

Suggested Schedules

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

2. Technical and Organizational Measures: Specific security measures implemented by the processor to ensure appropriate level of security

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

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

5. Data Breach Response Plan: Detailed procedures and contact information for data breach reporting and management

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

7. Contact Details: Key contacts for data protection matters, including DPO details where applicable

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

Manufacturing

Insurance

Consulting

Marketing and Advertising

Research and Development

Cloud Services

Human Resources Services

Logistics and Transportation

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Procurement

Risk Management

Operations

Vendor Management

Information Governance

Data Protection

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Risk Manager

Commercial Contract Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Chief Privacy Officer

Procurement Manager

Vendor Management Officer

Operations Director

Chief Legal Officer

Data Protection Specialist

Information Governance Manager

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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