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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."
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
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
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
Technology and Software
Financial Services
Healthcare
E-commerce
Telecommunications
Professional Services
Education
Manufacturing
Retail
Insurance
Pharmaceutical
Digital Marketing
Cloud Services
Consulting
Research and Development
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Procurement
Operations
Data Protection
Contract Management
Commercial
Information Governance
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
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