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Data Processing Contract

Data Processing Contract Template for Ireland

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Key Requirements PROMPT example:

Data Processing Contract

"I need a Data Processing Contract under Irish law for my software company that will be processing customer data for a healthcare provider, with specific provisions for handling sensitive medical data and ensuring GDPR compliance starting March 2025."

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Document background
The Data Processing Contract is essential for organizations operating under Irish jurisdiction when one party (the Data Processor) processes personal data on behalf of another party (the Data Controller). This contractual arrangement is mandated by Article 28 of the GDPR and the Irish Data Protection Act 2018, requiring specific provisions to ensure lawful data processing activities. The contract covers crucial aspects such as the scope of processing, security measures, data breach procedures, and compliance obligations. It is particularly important in the context of Irish business operations, whether dealing with domestic or international data processing activities, and must reflect both EU-wide GDPR requirements and specific Irish legal considerations. The document serves as a fundamental safeguard for personal data protection and defines the parameters of the data processing relationship.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including registered addresses and company details

2. Background: Context of the data processing relationship and purpose of the agreement

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

4. Scope and Purpose of Processing: Detailed description of the processing activities, types of data, and processing purposes

5. Duration of Processing: Timeframe for the processing activities and agreement term

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

7. Obligations of the Data Controller: Controller's responsibilities and requirements for lawful instructions

8. Security Measures: Technical and organizational security measures required for data protection

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Processor's assistance with data subject requests and rights

11. Data Breach Notification: Procedures and timeframes for reporting data breaches

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

13. International Data Transfers: Requirements and safeguards for cross-border data transfers

14. Termination and Data Deletion: Procedures for contract termination and subsequent data handling

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

16. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction

Optional Sections

1. Joint Controllers: Required when both parties act as joint controllers for certain processing activities

2. Special Categories of Data: Additional safeguards when processing sensitive personal data

3. Data Protection Impact Assessment: Processor's obligations regarding DPIAs when high-risk processing is involved

4. Insurance Requirements: Specific insurance obligations for high-risk or large-scale processing

5. Business Continuity: Additional provisions for critical processing activities requiring business continuity measures

6. Exit Management: Detailed procedures for transition of services upon termination for complex processing arrangements

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and duration

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls 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 international transfer mechanisms and safeguards

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters

7. Appendix B - Standard Contractual Clauses: If required for international transfers, EU Standard Contractual Clauses

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses


























Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Professional Services

Cloud Services

Marketing

Telecommunications

Insurance

Research and Development

Consulting

Human Resources

Manufacturing

Retail

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Procurement

Data Protection

Information Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Director

Procurement Manager

Contract Manager

Chief Legal Officer

Privacy Counsel

Data Protection Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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