DPA Addendum

DPA Addendum Template for Denmark

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Document background

This DPA Addendum is essential for organizations engaged in personal data processing activities under Danish jurisdiction. It should be used whenever a service provider (data processor) processes personal data on behalf of another organization (data controller). The document supplements existing service agreements to ensure GDPR compliance and alignment with Danish data protection requirements. The addendum includes crucial provisions on processing obligations, security measures, breach notification procedures, and international data transfers. It's particularly important for Danish companies or those processing data of Danish residents, as it incorporates specific requirements from both the GDPR and Danish Data Protection Act. The document should be reviewed and updated periodically to reflect changes in data protection laws and processing activities.

Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registration details

2. Background: Context of the DPA Addendum, referring to the main agreement it supplements and the nature of data processing relationship

3. Definitions: Key terms used in the agreement, including those from GDPR and additional contract-specific definitions

4. Scope and Purpose: Defines the scope of data processing activities covered and their specific purposes

5. Data Processor Obligations: Core obligations of the data processor under GDPR Article 28, including processing only on documented instructions

6. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection

7. Sub-processors: Rules and procedures for engaging sub-processors, including authorization requirements

8. International Transfers: Requirements and safeguards for transfers of personal data outside the EU/EEA

9. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

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. Term and Termination: Duration of the DPA and conditions for termination

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

Optional Sections

1. Specific Processing Instructions: Detailed processing instructions when the processing activities are complex or require specific procedures

2. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services)

3. Data Protection Impact Assessments: Specific obligations regarding DPIAs when processing is likely to result in high risk

4. Joint Controller Provisions: Additional provisions when the relationship involves joint controllership

5. Insurance Requirements: Specific insurance obligations for data protection

6. Compensation and Liability: Specific provisions on liability allocation and compensation beyond standard terms

Suggested Schedules

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 transfer mechanisms used for international data transfers

5. Schedule 5 - Contact Points: List of key contacts for data protection matters, breach notification, and general communication

6. Schedule 6 - Standard Contractual Clauses: EU Standard Contractual Clauses if applicable for international transfers

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