The Data Privacy Addendum serves as a critical supplement to existing service agreements where personal data processing occurs. This document has become increasingly important due to the proliferation of privacy regulations across different U.S. states and sectors. It specifically addresses how personal data should be handled, protected, and processed in compliance with applicable laws. The addendum is essential for organizations dealing with personal data, particularly in light of regulations such as CCPA in California and similar laws in other states. It typically includes detailed provisions on data security, breach notification, data subject rights, and cross-border transfer requirements.
Data Privacy Addendum for the United States
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Key Requirements PROMPT example:
Data Privacy Addendum
"I need a Data Privacy Addendum for a SaaS agreement with a European cloud provider who will process our US customer data, ensuring GDPR compliance and including provisions for cross-border data transfers effective January 2025."
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1. Parties: Identification of data controller and data processor
2. Background: Context of the data processing relationship and reference to main agreement
3. Definitions: Key terms including Personal Data, Processing, Data Subject, Controller, Processor, Applicable Privacy Laws
4. Scope of Processing: Details of what data is processed, purposes, and duration of processing
5. Data Protection Obligations: Core security and privacy requirements including confidentiality, security measures, and compliance
6. Breach Notification: Procedures and timelines for handling and reporting data breaches
7. Term and Termination: Duration of the addendum and data handling upon termination
1. Cross-Border Transfers: Requirements and safeguards for international data transfers, including relevant transfer mechanisms
2. Sub-processors: Rules and procedures for engaging additional processors, including approval requirements
3. Industry-Specific Compliance: Additional obligations for specific sectors (HIPAA, GLBA, etc.)
4. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations
1. Schedule A - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and purposes
2. Schedule B - Technical and Organizational Measures: Comprehensive list of security measures implemented to protect personal data
3. Schedule C - Approved Sub-processors: List of authorized third-party processors and their processing activities
4. Schedule D - Standard Contractual Clauses: Standard contractual clauses for international data transfers where applicable
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