Data Processing Addendum DPA

Data Processing Addendum DPA Template for Denmark

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Document background

The Data Processing Addendum (DPA) is a mandatory legal document required whenever a company (controller) engages another company (processor) to process personal data on its behalf under Danish jurisdiction. This document is essential for compliance with Article 28 of the GDPR and the Danish Data Protection Act. The DPA defines the roles, responsibilities, and obligations of both parties, including requirements for data security, confidentiality, sub-processing, and international transfers. It incorporates specific Danish legal requirements and must align with guidelines from the Danish Data Protection Agency. This document is typically used as an addendum to a main service agreement and includes detailed technical and organizational measures, breach notification procedures, and audit rights.

Suggested Sections

1. Parties: Identification of the data controller and data processor, including their legal representatives

2. Background: Context of the relationship between parties and purpose of the DPA

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

4. Scope and Purpose: Detailed description of the processing activities covered by the DPA

5. Controller's Rights and Obligations: Responsibilities and authorities of the data controller

6. Processor's Obligations: Core obligations of the processor including security measures, confidentiality, and assistance requirements

7. Sub-processors: Rules and procedures for engaging sub-processors

8. Data Transfers: Requirements and safeguards for international data transfers

9. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

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

11. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance

12. Term and Termination: Duration of the DPA and termination provisions

13. Return or Deletion of Data: Obligations regarding personal data upon termination

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

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the processor, recommended for high-risk processing

2. Special Categories of Data: Additional safeguards for processing sensitive data, required when processing special categories of personal data

3. Data Protection Impact Assessments: Processor's obligations regarding DPIAs, needed for high-risk processing

4. Processor's Personnel: Specific requirements for processor's staff, recommended for processing requiring special qualifications

5. Business Continuity: Business continuity and disaster recovery requirements, recommended for critical processing activities

6. Exit Management: Detailed exit procedures, recommended for complex processing arrangements

Suggested Schedules

1. Description of Processing: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes

2. Technical and Organizational Measures: Detailed security measures implemented by the processor

3. Approved Sub-processors: List of approved sub-processors and their processing activities

4. Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable

5. Contact Points and Procedures: Key contacts and detailed procedures for operational matters

6. Audit Requirements: Specific audit procedures and requirements

7. Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

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