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Data Protection Addendum Template for Ireland

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Key Requirements PROMPT example:

Data Protection Addendum

"I need a Data Protection Addendum under Irish law for our cloud software company acting as a processor for EU customers, with specific provisions for AI processing and automated decision-making, to be implemented by March 2025."

Document background
A Data Protection Addendum is essential for any business relationship involving the processing of personal data where one party acts as a data controller and another as a data processor under Irish law. This document supplements the main service agreement between parties by specifically addressing data protection requirements under the GDPR and Irish Data Protection Act 2018. It is particularly crucial for businesses operating in or from Ireland, given its status as a key European technology hub and the jurisdiction's robust data protection framework. The addendum covers critical aspects such as processing limitations, security measures, data transfer mechanisms, and compliance obligations, providing a comprehensive framework for GDPR-compliant data processing activities.
Suggested Sections

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

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

3. Definitions: Key terms used in the addendum, including GDPR-specific terminology and agreement-specific definitions

4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data subjects, and types of personal data

5. Duration of Processing: Timeframe for data processing activities, including start date and termination provisions

6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Security Measures: Technical and organizational measures implemented to ensure appropriate security of personal data

8. Sub-processing: Conditions for engaging sub-processors and obtaining controller consent

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

10. Personal Data Breach: Notification requirements and procedures in case of data breaches

11. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to contribute

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

13. Liability and Indemnification: Allocation of responsibility and liability between parties for data protection violations

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards

2. Industry-Specific Requirements: Added when processing involves regulated industries like healthcare or financial services

3. Data Protection Impact Assessments: Include when processing is likely to result in high risk to individuals' rights

4. Specific Security Requirements: Additional section for highly sensitive data requiring specific security protocols

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

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

7. Processor Personnel: Detailed requirements for staff training and confidentiality obligations

8. Business Continuity: Additional provisions for ensuring continuity of data protection during disruptions

Suggested Schedules

1. Description of Processing Activities: Detailed matrix of processing activities, including data categories, purposes, and retention periods

2. Technical and Organizational Measures: Detailed description of 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 data breach response

6. Security Controls Framework: Specific security controls and standards that the processor must maintain

7. Data Retention Schedule: Detailed retention periods for different categories of personal data

8. Audit Requirements: Specific procedures and requirements for conducting compliance audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Telecommunications

Professional Services

Education

Manufacturing

Retail

Insurance

Pharmaceutical

Digital Marketing

Cloud Services

Consulting

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Procurement

Operations

Data Protection

Contract Management

Commercial

Information Governance

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Chief Information Security Officer

Contract Manager

Risk Manager

IT Director

Chief Technology Officer

Operations Manager

Procurement Manager

Chief Legal Officer

Privacy Analyst

Data Protection Specialist

Commercial Manager

Chief Operating 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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