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DPA Data Protection Agreement Template for Denmark

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Key Requirements PROMPT example:

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.

What is a DPA Data Protection Agreement?

The Data Processing Agreement (DPA) is a mandatory legal document required under Article 28 of the GDPR and Danish data protection law whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document is essential for establishing clear responsibilities and obligations between the parties, ensuring compliance with data protection requirements, and protecting the rights of data subjects. The DPA must include specific provisions required by law, such as the scope of processing, security measures, confidentiality obligations, and procedures for handling data breaches. Under Danish jurisdiction, the agreement must comply with both the GDPR and additional requirements set forth by the Danish Data Protection Act and the Danish Data Protection Authority (Datatilsynet). The agreement is particularly crucial in the context of service providers, cloud solutions, and any business relationships involving the processing of personal data.

What sections should be included in a DPA Data Protection Agreement?

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

What sections are optional to include in a DPA Data Protection Agreement?

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

What schedules should be included in a DPA Data Protection Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Relevant Industries

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

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Procurement

Operations

Data Protection

Vendor Management

Information Technology

Privacy

Relevant Roles

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

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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