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Data Transfer Addendum

Data Transfer Addendum Template for Netherlands

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Key Requirements PROMPT example:

Data Transfer Addendum

"I need a Data Transfer Addendum under Dutch law for transferring medical research data from our Amsterdam hospital to a cloud service provider in Germany, with special attention to sensitive data handling and sub-processor requirements."

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Document background
The Data Transfer Addendum is a crucial legal instrument used to supplement existing agreements when personal data needs to be transferred between organizations. It is specifically designed to comply with Dutch law, the GDPR, and the Dutch GDPR Implementation Act (Uitvoeringswet AVG). This document becomes necessary whenever an organization needs to transfer personal data to another entity, whether within the Netherlands, the EEA, or to third countries. The addendum includes essential provisions regarding data protection measures, transfer mechanisms, technical safeguards, and compliance requirements. It is particularly important in the context of Dutch business operations, where strict data protection standards must be maintained and documented. The document serves as a vital tool for ensuring legal compliance and establishing clear responsibilities between parties involved in data transfer activities.
Suggested Sections

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

2. Background: Context of the addendum, reference to main agreement, and purpose of the data transfer arrangement

3. Definitions: Key terms used in the addendum, including those from GDPR and main agreement

4. Scope and Purpose: Details of the data transfers covered, including categories of data subjects and personal data

5. Roles and Responsibilities: Clear designation of parties' roles under GDPR and specific obligations of each party

6. Transfer Mechanisms: Legal basis for transfers and applicable transfer mechanisms (e.g., SCCs, adequacy decisions)

7. Data Security: Technical and organizational measures for ensuring data security during transfers

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

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

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

11. Audit Rights: Provisions for monitoring compliance and conducting audits

12. Term and Termination: Duration of the addendum and conditions for termination

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

14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Special Categories of Data: Additional safeguards for sensitive data - include when special category data is processed

2. Cross-Border Transfers Outside EEA: Specific provisions for transfers to non-adequate countries - include when transfers outside EEA are contemplated

3. Data Protection Impact Assessment: Reference to and results of any DPIA - include when high-risk processing is involved

4. Specific Technical Requirements: Detailed technical specifications for transfers - include when specific technical methods are mandated

5. BCR Integration: Integration with Binding Corporate Rules - include when one party uses BCRs

6. Industry-Specific Requirements: Additional requirements for specific sectors - include for regulated industries

7. Joint Controller Arrangements: Specific provisions for joint controller scenarios - include when parties are joint controllers

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data, purposes, etc.

2. Schedule 2 - Technical and Organizational Measures: Comprehensive description of security measures implemented

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

4. Schedule 4 - Transfer Mechanisms: Copies of relevant SCCs or other transfer mechanism documentation

5. Schedule 5 - Contact Points: List of key contacts for data protection matters at each party

6. Appendix A - Data Processing Details: Specific details about the processing operations, frequency, and nature

7. Appendix B - Security Controls: Detailed security controls and compliance requirements

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
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Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Retail

Insurance

Pharmaceutical

Logistics

Marketing Services

Cloud Services

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Data Protection

Information Governance

Procurement

Operations

Technology

Information Management

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Officer

Privacy Manager

Chief Technology Officer

IT Security Manager

Data Privacy Specialist

Contract Manager

Risk Manager

Chief Information Security Officer

Chief Legal Officer

Privacy Operations Manager

Data Governance 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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