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Third Party Data Processing Agreement

Third Party Data Processing Agreement Template for Ireland

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Key Requirements PROMPT example:

Third Party Data Processing Agreement

"I need a Third Party Data Processing Agreement for my fintech company based in Dublin, acting as a data controller, to engage a cloud service provider who will process our customers' financial data starting March 2025, with specific emphasis on international data transfers to the US."

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Document background
The Third Party Data Processing Agreement is essential for organizations operating under Irish jurisdiction that engage external parties to process personal data on their behalf. This agreement is required under Article 28 of the GDPR and the Irish Data Protection Act 2018, serving as a crucial compliance document that defines the parameters of the data processing relationship. It should be implemented whenever a company (as a data controller) engages a third-party service provider (as a data processor) to handle personal data processing activities. The agreement covers critical aspects such as processing scope, security measures, confidentiality obligations, sub-processing requirements, and international data transfer provisions, ensuring compliance with Irish and EU data protection laws.
Suggested Sections

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

2. Background: Context of the processing relationship and reference to the main service agreement

3. Definitions: Definitions of key terms, incorporating GDPR definitions and agreement-specific terms

4. Scope and Purpose of Processing: Detailed description of the authorized processing activities and purposes

5. Duration of Processing: Timeframe for the processing activities and conditions for termination

6. Nature and Purpose of Processing: Specific details about how and why the data will be processed

7. Processor Obligations: Core obligations including security measures, confidentiality, and subprocessing requirements

8. Controller Obligations: Responsibilities of the controller including lawful instructions and compliance support

9. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

10. Data Security: Required technical and organizational security measures

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

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

13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

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

15. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction

Optional Sections

1. International Data Transfers: Required when data processing occurs outside the EEA, incorporating Standard Contractual Clauses

2. Specialized Security Requirements: Additional security measures for sensitive data or specific industry requirements

3. Sub-processor Management: Detailed procedures for appointing and managing sub-processors, if allowed

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

5. Business Continuity: Disaster recovery and business continuity requirements for critical processing

6. Insurance Requirements: Specific insurance obligations for high-risk processing activities

7. Joint Controller Provisions: Required when the relationship involves joint controllership scenarios

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, subjects, and purposes

2. Schedule 2 - Security Measures: Technical and organizational security measures implemented by the processor

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms and safeguards

5. Schedule 5 - Technical Requirements: Technical specifications and requirements for data processing systems

6. Appendix A - Contact Details: Key contacts for operational, security, and breach notification matters

7. Appendix B - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

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 and Medical Services

Financial Services

Professional Services

E-commerce

Education

Telecommunications

Insurance

Human Resources and Recruitment

Marketing and Advertising

Cloud Services

Research and Development

Consulting Services

Manufacturing

Retail

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT

Risk Management

Procurement

Operations

Information Governance

Privacy

Vendor Management

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

IT Director

Chief Information Security Officer

Chief Privacy Officer

Head of Compliance

Risk Manager

Operations Director

Procurement Manager

Contract Manager

Chief Technology Officer

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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