Data Processing Agreement

Data Processing Agreement Template for Denmark

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Document background

This Data Processing Agreement is essential for organizations engaging in the processing of personal data within the Danish legal framework. It is required whenever an organization (processor) processes personal data on behalf of another organization (controller), ensuring compliance with both the GDPR and Danish data protection laws. The agreement includes mandatory provisions required by Article 28 of the GDPR and additional requirements specific to Danish law, as overseen by the Danish Data Protection Agency. It covers critical aspects such as data security measures, breach notification procedures, sub-processor management, and data subject rights. This document is particularly important given Denmark's strict interpretation and enforcement of data protection requirements, and it must be in place before any processing of personal data begins.

Suggested Sections

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

2. Background: Context of the agreement and the processing relationship between the parties

3. Definitions: Key terms used in the agreement, including those from GDPR and Danish law

4. Scope and Purpose: Details of the processing activities covered by the agreement

5. Duration: Term of the agreement and conditions for termination

6. Nature and Purpose of Processing: Detailed description of why and how personal data will be processed

7. Types of Personal Data and Categories of Data Subjects: Specification of the personal data types and whose data will be processed

8. Obligations of the Controller: Responsibilities and duties of the data controller

9. Obligations of the Processor: Core processor obligations including security, confidentiality, and assistance requirements

10. Sub-processing: Rules and requirements for engaging sub-processors

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

12. Personal Data Breaches: Notification requirements and procedures for handling data breaches

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

14. Return or Deletion of Data: Requirements for data handling upon agreement termination

15. Liability and Indemnification: Allocation of responsibility and liability between parties

16. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction

Optional Sections

1. International Data Transfers: Required when personal data may be transferred outside the EU/EEA, including transfer mechanisms and safeguards

2. Specific Technical Requirements: Include when there are industry-specific or client-specific technical requirements for data processing

3. Insurance Requirements: Include when specific insurance coverage is required for the processing activities

4. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed

5. Special Categories of Personal Data: Required when processing sensitive data categories under Article 9 GDPR

6. Data Protection Impact Assessments: Include when high-risk processing requires specific DPIA procedures

7. Cooperation with Supervisory Authorities: Include when specific procedures for regulatory cooperation are required

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all processing activities, including purposes, data types, and processing operations

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented to ensure appropriate level of security

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms if applicable

5. Schedule 5 - Service Level Agreement: Specific service levels and performance metrics for the processing activities

6. Schedule 6 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches

7. Schedule 7 - Audit Procedures: Specific procedures and requirements for conducting audits

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