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Sub Processing Agreement

Sub Processing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Sub Processing Agreement

"I need a Sub Processing Agreement for our cloud services company based in Amsterdam to engage a German data center provider for processing customer data, with the agreement to start from March 1, 2025, and include provisions for international data transfers within the EU."

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Document background
This Sub Processing Agreement is essential when a data processor needs to engage another entity (sub-processor) to carry out specific processing activities under GDPR and Dutch law. It's commonly used when service providers outsource certain data processing functions or use third-party technical solutions. The agreement ensures compliance with Article 28(4) of the GDPR and the Dutch GDPR Implementation Act, establishing clear responsibilities, technical requirements, and liability arrangements. It includes detailed provisions for data security, breach notification, audit rights, and data subject rights assistance. This document is crucial for maintaining the data processing chain's integrity and demonstrating compliance with data protection obligations in the Netherlands.
Suggested Sections

1. Parties: Identification of the main processor and sub-processor, including registered details and authorized representatives

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

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

4. Scope and Purpose: Details of the sub-processing activities, including types of data and processing purposes

5. Duration and Termination: Term of the agreement, termination conditions, and data handling upon termination

6. Sub-processor Obligations: Core obligations including compliance with instructions, confidentiality, security measures, and data breach notification

7. Technical and Organizational Measures: Security requirements and measures to be implemented by the sub-processor

8. Audit Rights: Main processor's rights to audit and inspect sub-processor's compliance

9. Data Subject Rights: Obligations to assist with data subject requests and rights

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

11. Liability and Indemnification: Allocation of liability and indemnification obligations

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

Optional Sections

1. International Data Transfers: Required when data processing involves transfers outside the EEA, including requirements for adequate safeguards

2. Insurance Requirements: Specific insurance obligations for the sub-processor, included when required by the main processor

3. Business Continuity: Business continuity and disaster recovery requirements, included for critical processing activities

4. Further Sub-processing: Conditions and requirements for engaging further sub-processors, if allowed

5. Intellectual Property Rights: Included when the processing involves creation or use of intellectual property

6. Exit Management: Detailed procedures for termination and transition, included for complex processing relationships

Suggested Schedules

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

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

3. Schedule 3 - Authorized Sub-processors: List of approved further sub-processors, if applicable

4. Schedule 4 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

5. Schedule 5 - Service Levels: Performance metrics and service levels for the sub-processing activities

6. Appendix A - Contact Details: Key contacts for operational, technical, and legal matters

7. Appendix B - Standard Contractual Clauses: If applicable, for international data transfers

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

Information Technology

Financial Services

Healthcare

Professional Services

Cloud Services

E-commerce

Telecommunications

Human Resources

Marketing Services

Research and Development

Education

Insurance

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Data Protection

Risk Management

Procurement

Vendor Management

Information Technology

Privacy

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

IT Director

Chief Technology Officer

Operations Manager

Procurement Manager

Risk Manager

Chief Information Security Officer

Vendor Manager

Contract Manager

Chief Privacy 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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