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Data Privacy Contract

Data Privacy Contract Template for Netherlands

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Key Requirements PROMPT example:

Data Privacy Contract

"I need a Data Privacy Contract for my tech company based in Amsterdam that will process customer data across multiple EU countries starting January 2025, with the ability to add approved sub-processors in Germany and France, and including specific provisions for cloud storage services."

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Document background
This Data Privacy Contract is essential for organizations engaged in personal data processing activities under Dutch jurisdiction. It should be used whenever a party (controller) engages another party (processor) to process personal data on its behalf, or when parties act as joint controllers. The contract ensures compliance with the GDPR, Dutch GDPR Implementation Act (UAVG), and other relevant Dutch privacy laws. It covers crucial aspects such as processing scope, security measures, data breach procedures, and international transfer requirements. This document is particularly important given the strict data protection regime in the Netherlands and the significant penalties for non-compliance with privacy regulations. The contract provides a framework for lawful data processing while protecting the rights of data subjects and defining clear responsibilities between the parties involved.
Suggested Sections

1. Parties: Identification of the contracting parties (data controller, processor, or joint controllers)

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

3. Definitions: Key terms used in the agreement, aligned with GDPR definitions

4. Subject Matter and Duration: Scope of data processing activities and duration of the agreement

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

6. Types of Personal Data and Categories of Data Subjects: Specification of personal data types and individuals affected

7. Obligations and Rights of the Controller: Controller's responsibilities and authority regarding data processing

8. Processor Obligations: Processor's duties including security, confidentiality, and cooperation requirements

9. Technical and Organizational Measures: Security measures for protecting personal data

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

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

12. Personal Data Breaches: Breach notification and response procedures

13. Audit Rights: Controller's rights to verify compliance

14. Liability and Indemnities: Allocation of responsibilities and risks

15. Term and Termination: Duration, renewal, and termination provisions

16. Return or Deletion of Data: Obligations regarding data handling upon contract termination

17. Governing Law and Jurisdiction: Specification of Dutch law application and dispute resolution

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards

2. Joint Controller Arrangements: Required when parties are joint controllers, defining respective responsibilities

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

4. Data Protection Impact Assessment: Procedures when processing requires DPIA

5. Records of Processing: Specific requirements for maintaining processing records

6. Insurance Requirements: Specific insurance obligations for data protection

7. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented

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 - Data Breach Response Plan: Detailed procedures for handling personal data breaches

6. Schedule 6 - Contact Points: Key contacts for data protection matters and breach reporting

7. Appendix A - Standard Contractual Clauses: EU SCCs if required for international transfers

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

Manufacturing

Telecommunications

Insurance

Retail

Marketing and Advertising

Research and Development

Transportation and Logistics

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Information Management

Procurement

Vendor Management

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

Privacy Lawyer

Contract Manager

Operations Director

Chief Legal Officer

Data Governance Manager

Privacy Consultant

Information Management Officer

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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