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Sub Processor Agreement

Sub Processor Agreement Template for Ireland

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Key Requirements PROMPT example:

Sub Processor Agreement

"I need a Sub Processor Agreement under Irish law for my cloud services company that will be processing healthcare data, with specific emphasis on security measures and GDPR compliance for sensitive personal data."

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Document background
The Sub Processor Agreement is essential when a data processor needs to engage another entity to perform specific data processing activities on its behalf. This document is particularly crucial in the Irish legal context, where compliance with both EU GDPR and Irish data protection laws is mandatory. The agreement should be used whenever a processor intends to delegate any processing activities to a third party, ensuring that appropriate safeguards are in place for data protection. It typically includes detailed specifications of processing activities, security requirements, confidentiality obligations, and compliance measures. The document serves as a critical compliance tool, ensuring that data protection obligations flow down the processing chain while maintaining clear accountability and liability frameworks.
Suggested Sections

1. Parties: Identification of the Processor (engaging party) and Sub-processor (engaged party), including full legal names and registered addresses

2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services

3. Definitions: Key terms used throughout the agreement, including those aligned with GDPR definitions

4. Scope and Purpose of Sub-Processing: Detailed description of the sub-processing activities, purposes, and types of data involved

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Sub-processor Obligations: Core obligations including data processing requirements, security measures, and compliance with instructions

7. Technical and Organizational Measures: Required security and organizational measures for data protection

8. Confidentiality: Confidentiality obligations and personnel commitments

9. Data Subject Rights: Procedures for handling data subject requests and supporting the processor/controller

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

11. Audit Rights: Provisions for conducting audits and inspections

12. Return or Deletion of Data: Requirements for data handling upon agreement termination

13. Liability and Indemnities: Allocation of liability and indemnification provisions

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

Optional Sections

1. Further Sub-Processing: Include when the sub-processor may need to engage additional sub-processors

2. International Transfers: Required when data transfers outside the EEA are contemplated

3. Insurance Requirements: Include when specific insurance coverage needs to be maintained

4. Business Continuity: Add when service continuity is critical for the processing activities

5. Change Control: Include when frequent updates to processing activities are expected

6. Service Levels: Add when specific performance metrics need to be maintained

7. Exit Management: Include for complex processing arrangements requiring detailed transition provisions

Suggested Schedules

1. Description of Processing Activities: Detailed description of data processing activities, categories of data, and purposes

2. Technical and Organizational Measures: Detailed security measures and controls implemented by the sub-processor

3. Approved Sub-Processors: List of any pre-approved further sub-processors (if applicable)

4. Data Transfer Mechanisms: Standard Contractual Clauses or other transfer mechanisms if international transfers are involved

5. Service Levels and KPIs: Detailed service levels and performance metrics if applicable

6. Fee Schedule: Pricing and payment terms for the sub-processing services

7. Contact Details: Key contacts for operational, technical, and legal matters

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

Cloud Services

Financial Services

Healthcare

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Research and Development

Digital Marketing

Consulting

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT Operations

Risk Management

Procurement

Vendor Management

Privacy

Information Technology

Operations

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Operations Manager

Risk Manager

Procurement Manager

Contract Manager

Chief Technology Officer

Chief Information Security Officer

Privacy 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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