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DPA Data Protection Agreement
I need a Data Processing Agreement for my healthcare software company (as processor) that will handle patient data for Danish medical clinics starting January 2025, with specific provisions for processing special categories of personal data and strict security measures.
1. Parties: Identification of the data controller and data processor, including legal names, registration numbers, and contact details
2. Background: Context of the agreement, relationship between parties, and general purpose of the data processing activities
3. Definitions: Key terms used in the agreement, including those from GDPR and specific terms relevant to the processing activities
4. Scope and Instructions: Detailed description of the processing activities, categories of data, and controller's instructions to the processor
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Processor Obligations: Core obligations of the processor including confidentiality, security measures, and assistance to the controller
7. Sub-processors: Rules and procedures for engaging sub-processors, including authorization requirements and obligations
8. Data Subject Rights: Processor's obligations to assist the controller in responding to data subject requests
9. Data Security: Required technical and organizational security measures to protect personal data
10. Personal Data Breach: Notification requirements and procedures in case of data breaches
11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
12. Data Return and Deletion: Obligations regarding return or deletion of personal data upon agreement termination
13. Liability and Indemnification: Allocation of liability between parties and indemnification provisions
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including references to transfer mechanisms
2. Special Categories of Data: Additional provisions required when processing special categories of personal data under Article 9 GDPR
3. Data Protection Impact Assessment: Specific provisions regarding assistance with DPIAs when required
4. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)
5. Insurance Requirements: Specific insurance obligations for the processor
6. Business Continuity: Requirements for business continuity and disaster recovery planning
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers, including SCCs if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches
6. Schedule 6 - Audit Procedures: Specific procedures and requirements for conducting audits and assessments
Authors
Technology and Software
Healthcare and Medical
Financial Services
Professional Services
E-commerce and Retail
Education
Manufacturing
Telecommunications
Insurance
Real Estate
Consulting
Marketing and Advertising
Research and Development
Non-profit Organizations
Public Sector
Legal
Compliance
Information Security
IT
Risk Management
Procurement
Operations
Data Protection
Vendor Management
Information Technology
Privacy
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Privacy Lawyer
IT Security Specialist
Data Protection Specialist
Vendor Manager
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