Data Transfer Addendum

Data Transfer Addendum Template for Denmark

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Key Requirements PROMPT example:

Document background

The Data Transfer Addendum is a critical legal instrument used when organizations need to transfer personal data in compliance with Danish law and EU GDPR requirements. It is typically implemented as an addition to existing service agreements or contracts where one party needs to transfer personal data to another party, either within the EU or to third countries. The document becomes necessary when organizations engage in systematic data sharing, outsourcing of data processing activities, or cross-border data transfers. The addendum must comply with both the Danish Data Protection Act and GDPR, incorporating appropriate safeguards such as Standard Contractual Clauses where required. It is particularly important for international business operations and must be tailored to address specific data protection requirements, transfer mechanisms, and security measures mandated by Danish and EU law.

Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their roles as controller/processor

2. Background: Context of the data transfer relationship and reference to the main agreement

3. Definitions: Key terms specific to data transfer, including those from GDPR and Danish Data Protection Act

4. Scope and Purpose: Details of the data transfers covered, including types of data and processing purposes

5. Roles and Responsibilities: Specific obligations of each party under data protection laws

6. Transfer Mechanisms: Legal basis for transfers and compliance with transfer requirements

7. Security Measures: Technical and organizational measures for data protection

8. Data Subject Rights: Procedures for handling data subject requests and rights

9. Breach Notification: Requirements and procedures for reporting data breaches

10. Audit Rights: Provisions for monitoring and verifying compliance

11. Term and Termination: Duration of the addendum and termination provisions

12. Governing Law: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Third Country Transfers: Additional safeguards for transfers outside EEA - include when transfers to non-adequate countries are involved

2. Sub-processor Provisions: Requirements for engaging sub-processors - include when sub-processors will be used

3. Special Categories of Data: Additional safeguards for sensitive data - include when processing special categories of personal data

4. Data Protection Impact Assessment: DPIA requirements - include for high-risk processing activities

5. Local Data Protection Requirements: Specific Danish law requirements - include when processing involves Danish citizens

6. Data Minimization and Retention: Specific requirements for data minimization and retention periods - include for complex data processing scenarios

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data subjects and data

2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented for data protection

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

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

5. Schedule 5 - Standard Contractual Clauses: Incorporation of relevant modules of EU SCCs

6. Schedule 6 - Contact Details: Contact information for data protection officers and representatives

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