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Sub Processing Agreement

Sub Processing Agreement Template for United States

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Key Requirements PROMPT example:

Sub Processing Agreement

"I need a Sub Processing Agreement for our cloud services company based in California, covering AI data processing activities, with specific provisions for CCPA compliance and cross-border data transfers to our development team in India."

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Document background
The Sub Processing Agreement is essential when a data processor needs to engage additional parties to fulfill their processing obligations. This document is particularly relevant in the United States where various federal and state privacy laws create a complex compliance landscape. The agreement ensures that any downstream processing maintains the same level of data protection and compliance as required in the primary processing agreement. It typically includes detailed provisions on security measures, data handling procedures, audit rights, and breach notification requirements, while addressing specific requirements under US privacy laws such as CCPA, HIPAA, and state-specific regulations.
Suggested Sections

1. Parties: Identification of the main processor and sub-processor, including full legal names and registered addresses

2. Background: Context of the agreement and relationship to main processing agreement, including reference to the primary data processing agreement

3. Definitions: Key terms used throughout the agreement including 'Personal Data', 'Processing', 'Data Subject', 'Controller', 'Processor', 'Sub-processor'

4. Scope of Processing: Details of authorized processing activities and limitations, including types of data and purposes of processing

5. Sub-processor Obligations: Core responsibilities and compliance requirements including data protection obligations and processing restrictions

6. Security Measures: Required technical and organizational security measures to ensure appropriate data protection

7. Confidentiality: Data confidentiality obligations and personnel access restrictions

8. Term and Termination: Duration of the agreement and conditions for termination, including data deletion requirements

Optional Sections

1. Cross-border Transfers: Provisions for international data transfers including appropriate safeguards and transfer mechanisms

2. Specific Industry Compliance: Additional requirements for specific regulated industries (e.g., HIPAA, PCI DSS, GLBA)

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

Suggested Schedules

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

2. Schedule 2 - Security Measures: Comprehensive list of technical and organizational security measures

3. Schedule 3 - Sub-processor List: List of authorized sub-processors if further delegation is permitted

4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

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
Clauses

























Industries

GLBA: Gramm-Leach-Bliley Act - Federal law governing the protection and handling of financial data and consumer financial privacy

HIPAA: Health Insurance Portability and Accountability Act - Federal law regulating the protection of sensitive healthcare data and patient information

FTC Act: Federal Trade Commission Act - Federal law addressing unfair or deceptive practices in data handling and privacy

COPPA: Children's Online Privacy Protection Act - Federal law protecting children's privacy and regulating collection of data from children under 13

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - State laws providing California residents with data privacy rights and regulations

VCDPA: Virginia Consumer Data Protection Act - State law establishing data privacy framework for Virginia residents

CPA: Colorado Privacy Act - State law protecting Colorado residents' personal data and establishing privacy rights

GDPR Considerations: EU General Data Protection Regulation requirements if processing data of EU residents, including data transfer mechanisms and safeguards

PCI DSS: Payment Card Industry Data Security Standard - Security standards for organizations handling credit card information

SOC 2: Service Organization Control 2 - Compliance framework for managing customer data based on security, availability, processing integrity, confidentiality, and privacy

ISO 27001: International standard for information security management systems, providing framework for data protection and security controls

Flow-down Obligations: Contractual requirements that must be passed down from the main Data Processing Agreement to the Sub-processor

SLAs: Service Level Agreements defining performance metrics, response times, and availability requirements for data processing activities

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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