¶¶Òõ¶ÌÊÓƵ

The Data Processing Agreement (DPA) is a mandatory legal document required under Article 28 of the GDPR and Danish data protection law whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document is essential for establishing clear responsibilities and obligations between the parties, ensuring compliance with data protection requirements, and protecting the rights of data subjects. The DPA must include specific provisions required by law, such as the scope of processing, security measures, confidentiality obligations, and procedures for handling data breaches. Under Danish jurisdiction, the agreement must comply with both the GDPR and additional requirements set forth by the Danish Data Protection Act and the Danish Data Protection Authority (Datatilsynet). The agreement is particularly crucial in the context of service providers, cloud solutions, and any business relationships involving the processing of personal data.

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the data processing activities

3. Definitions: Key terms used in the agreement, including those from GDPR and specific terms relevant to the processing activities

4. Scope and Instructions: Detailed description of the processing activities, categories of data, and controller's instructions to the processor

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Processor Obligations: Core obligations of the processor including confidentiality, security measures, and assistance to the controller

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

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

9. Data Security: Required technical and organizational security measures to protect personal data

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. Data Return and Deletion: Obligations regarding return or deletion of personal data upon agreement termination

13. Liability and Indemnification: Allocation of liability between parties and indemnification provisions

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes