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Personal Data Protection Agreement

Personal Data Protection Agreement Template for Ireland

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Key Requirements PROMPT example:

Personal Data Protection Agreement

"I need a Personal Data Protection Agreement for my healthcare software company based in Dublin, acting as a data processor for multiple EU hospitals, with provisions for handling sensitive medical data and ensuring GDPR compliance."

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Document background
The Personal Data Protection Agreement is essential for organizations operating under Irish jurisdiction that engage in the processing of personal data. This document becomes necessary when one organization (the data controller) wishes to engage another organization (the data processor) to process personal data on its behalf. It is specifically designed to comply with Article 28 of the GDPR and the Irish Data Protection Act 2018, addressing key requirements such as data security, confidentiality, sub-processing, and international transfers. The agreement is particularly crucial given Ireland's position as a hub for many international technology companies and the Irish Data Protection Commission's role as lead supervisory authority for numerous multinational organizations. It includes mandatory provisions required by GDPR while incorporating specific Irish legal requirements and best practices.
Suggested Sections

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

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

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

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 terms for termination

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

7. Types of Personal Data and Categories of Data Subjects: Specification of personal data types being processed and categories of individuals whose data is processed

8. Obligations of the Data Processor: Processor's responsibilities including security measures, confidentiality, and subprocessing requirements

9. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing and providing documented instructions

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

11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

12. Personal Data Breach: Procedures for handling and reporting data breaches

13. Audit Rights: Controller's rights to audit processor's compliance

14. Liability and Indemnities: Allocation of responsibilities and liabilities between parties

15. 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 appropriate transfer mechanisms

2. Special Categories of Personal Data: Required when processing sensitive personal data such as health data or biometric data

3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals

4. Joint Controller Provisions: Required when both parties act as joint controllers rather than controller-processor

5. Children's Data Processing: Required when processing personal data of children under 16

6. Automated Decision Making: Required when processing involves automated decision making or profiling

7. Direct Marketing Provisions: Required when processing involves direct marketing activities

8. Cookie and Tracking Technologies: Required when processing involves use of cookies or similar tracking technologies

Suggested Schedules

1. Schedule 1: Processing Activities: Detailed list of specific processing activities, including purposes, categories of data, and retention periods

2. Schedule 2: Technical and Organizational Measures: Detailed description of security measures implemented to protect personal data

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

4. Schedule 4: Transfer Mechanisms: Details of mechanisms used for international transfers (e.g., SCCs, BCRs)

5. Appendix A: Data Subject Request Procedure: Detailed procedure for handling data subject requests

6. Appendix B: Data Breach Response Plan: Step-by-step procedure for responding to data breaches

7. Appendix C: Audit Procedures: Detailed procedures for conducting compliance audits

8. Appendix D: Contact Details: Contact information for key personnel including Data Protection Officers

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

















































Clauses






























Relevant Industries

Technology and Software

Healthcare

Financial Services

E-commerce

Education

Professional Services

Manufacturing

Retail

Telecommunications

Insurance

Marketing and Advertising

Research and Development

Public Sector

Non-profit Organizations

Consulting Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Procurement

Privacy

Information Governance

Vendor Management

Data Protection

Contract Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Information Security Officer

Chief Technology Officer

Risk Manager

Operations Director

Project Manager

Procurement Manager

Contract Manager

Chief Legal Officer

Chief Privacy Officer

Data Protection Specialist

Information Governance Manager

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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