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Data Protection Addendum

Data Protection Addendum Template for Netherlands

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Key Requirements PROMPT example:

Data Protection Addendum

"I need a Data Protection Addendum for my Dutch software company acting as a processor for EU clients, with provisions for transferring data to our development team in India starting March 2025."

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Document background
The Data Protection Addendum (DPA) is an essential legal document required under Article 28 of the GDPR when a data controller engages a data processor to process personal data on its behalf. This document, governed by Dutch law, supplements existing service agreements to ensure GDPR compliance and proper data protection safeguards. It should be used whenever a business relationship involves the processing of personal data of EU residents, particularly in the Netherlands. The DPA includes mandatory provisions required by the GDPR and UAVG, such as processing instructions, security measures, confidentiality obligations, and sub-processor requirements. It also addresses specific Dutch legal requirements and ensures alignment with both EU-wide and national data protection standards.
Suggested Sections

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

2. Background: Context of the DPA, reference to the main agreement, and the parties' roles under data protection laws

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

4. Scope and Purpose: Details of the processing activities covered by the DPA and their permitted purposes

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

6. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring lawful basis for processing

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

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

9. Data Security: Security measures required to protect personal data and respond to incidents

10. Data Breach Notification: Procedures and timeframes for notifying the controller of personal data breaches

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

12. Term and Termination: Duration of the DPA and conditions for termination

13. Return or Deletion of Data: Obligations regarding personal data upon termination of services

14. Liability and Indemnification: Allocation of liability between parties and indemnification obligations

15. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, incorporating appropriate transfer mechanisms

2. Specific Processing Requirements: Added when there are industry-specific or unique processing requirements

3. Insurance Requirements: Included when specific insurance coverage for data protection risks is required

4. BCR Implementation: Required when Binding Corporate Rules are relevant to the processing activities

5. Joint Controller Provisions: Added when the relationship includes elements of joint controllership

6. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented by the processor 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 data transfers (e.g., SCCs, BCRs)

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for identifying, reporting, and responding to data breaches

6. Appendix A - Contact Details: Contact information for data protection officers, representatives, and key personnel

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

Healthcare

Financial Services

E-commerce

Professional Services

Education

Manufacturing

Telecommunications

Retail

Insurance

Marketing Services

Cloud Services

Consulting

Research and Development

Human Resources Services

Relevant Teams

Legal

Compliance

Privacy

Information Security

Risk Management

Procurement

Information Technology

Data Protection

Vendor Management

Operations

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Officer

Privacy Manager

Chief Legal Officer

Chief Technology Officer

Chief Information Security Officer

Contract Manager

Procurement Manager

Risk Manager

Privacy Analyst

Compliance Officer

General Counsel

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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