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Third Party Processing Agreement

Third Party Processing Agreement Template for Ireland

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Key Requirements PROMPT example:

Third Party Processing Agreement

"I need a Third Party Processing Agreement for my Irish tech startup to engage a cloud service provider for processing customer data, including implementation of strict security measures and the ability to add sub-processors with prior approval."

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Document background
A Third Party Processing Agreement is essential whenever an organization (the data controller) engages another entity (the data processor) to process personal data on its behalf. This legally binding document, governed by Irish law, ensures compliance with Article 28 of the GDPR and the Irish Data Protection Act 2018. It is required when outsourcing any data processing activities, such as cloud storage, payroll processing, customer service operations, or marketing services. The agreement details the scope of processing, security measures, confidentiality obligations, and procedures for handling data breaches. It also addresses sub-processor engagement, international data transfers, and audit rights, providing a comprehensive framework for compliant data processing operations.
Suggested Sections

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

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

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

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

5. Duration of Processing: Term of the agreement and processing activities, including conditions for termination

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

7. Confidentiality: Confidentiality obligations for the processor and their staff regarding personal data

8. Security Measures: Technical and organizational measures required to ensure appropriate security of processing

9. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process

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

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

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

13. Data Protection Impact Assessments: Processor's obligation to assist with DPIAs where required

14. Return or Deletion of Data: Obligations regarding data handling upon termination of services

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

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

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the processor, used when processing high-risk or large volumes of data

2. Service Levels: Specific performance metrics and standards, used when processing activities require specific response times or availability

3. Cross-border Transfers: Provisions for international data transfers, required when processing involves transfers outside the EEA

4. Business Continuity: Disaster recovery and business continuity requirements, important for critical processing activities

5. Change Control: Procedures for making changes to processing activities or security measures, useful for long-term or complex processing relationships

6. Exit Management: Detailed procedures for termination and transition, important for complex processing arrangements

Suggested Schedules

1. Description of Processing Activities: Detailed description of processing operations, categories of data subjects, types of personal data, and processing purposes

2. Technical and Organizational Security Measures: Detailed specification of security measures implemented by the processor

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Details of transfer mechanisms used for international data transfers, including standard contractual clauses if applicable

5. Processing Fees: Detailed fee structure and payment terms for processing services

6. Service Levels and KPIs: Detailed service level agreements and key performance indicators

7. Contact Details and Escalation Procedures: Key contacts and procedures for operational matters and emergencies

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






























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Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Education

Professional Services

Telecommunications

Insurance

Marketing and Advertising

Cloud Services

Human Resources

Manufacturing

Retail

Logistics and Supply Chain

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Procurement

IT Operations

Data Protection

Information Governance

Vendor Management

Commercial Operations

Information Technology

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Contract Manager

IT Director

Chief Information Security Officer

Risk Manager

Procurement Manager

Operations Director

Chief Technology Officer

Commercial Manager

Data Protection Specialist

Privacy Analyst

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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