Data Privacy Addendum

Data Privacy Addendum Template for United States

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Key Requirements PROMPT example:

"I need a Data Privacy Addendum for a SaaS agreement with a European cloud provider who will process our US customer data, ensuring GDPR compliance and including provisions for cross-border data transfers effective January 2025."

Document background

The Data Privacy Addendum serves as a critical supplement to existing service agreements where personal data processing occurs. This document has become increasingly important due to the proliferation of privacy regulations across different U.S. states and sectors. It specifically addresses how personal data should be handled, protected, and processed in compliance with applicable laws. The addendum is essential for organizations dealing with personal data, particularly in light of regulations such as CCPA in California and similar laws in other states. It typically includes detailed provisions on data security, breach notification, data subject rights, and cross-border transfer requirements.

Suggested Sections

1. Parties: Identification of data controller and data processor

2. Background: Context of the data processing relationship and reference to main agreement

3. Definitions: Key terms including Personal Data, Processing, Data Subject, Controller, Processor, Applicable Privacy Laws

4. Scope of Processing: Details of what data is processed, purposes, and duration of processing

5. Data Protection Obligations: Core security and privacy requirements including confidentiality, security measures, and compliance

6. Breach Notification: Procedures and timelines for handling and reporting data breaches

7. Term and Termination: Duration of the addendum and data handling upon termination

Optional Sections

1. Cross-Border Transfers: Requirements and safeguards for international data transfers, including relevant transfer mechanisms

2. Sub-processors: Rules and procedures for engaging additional processors, including approval requirements

3. Industry-Specific Compliance: Additional obligations for specific sectors (HIPAA, GLBA, etc.)

4. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

Suggested Schedules

1. Schedule A - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and purposes

2. Schedule B - Technical and Organizational Measures: Comprehensive list of security measures implemented to protect personal data

3. Schedule C - Approved Sub-processors: List of authorized third-party processors and their processing activities

4. Schedule D - Standard Contractual Clauses: Standard contractual clauses for international data transfers where applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Agreement

Personal Data

Services

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
Retail
Education

Relevant Teams

Legal
Information Security
Privacy
Compliance
IT
Procurement

Relevant Roles

Chief Privacy Officer
Data Protection Officer
General Counsel
Privacy Manager
Information Security Manager

Industries

GLBA: Gramm-Leach-Bliley Act - Federal law governing the protection of personal financial information by financial institutions

HIPAA: Health Insurance Portability and Accountability Act - Federal law protecting sensitive patient health information from being disclosed without consent

COPPA: Children's Online Privacy Protection Act - Federal law imposing requirements on operators of websites or online services directed to children under 13 years of age

FCRA: Fair Credit Reporting Act - Federal law regulating the collection, dissemination, and use of consumer credit information

FTC Act: Federal Trade Commission Act - Federal law providing broad consumer protection and prohibiting unfair or deceptive practices in privacy and data security

CCPA/CPRA: California Consumer Privacy Act/California Privacy Rights Act - California state laws providing consumers with rights regarding their personal information

VCDPA: Virginia Consumer Data Protection Act - Virginia state law establishing framework for controlling and processing personal data

CPA: Colorado Privacy Act - Colorado state law providing residents with privacy rights and imposing obligations on data controllers

CTDPA: Connecticut Data Privacy Act - Connecticut state law establishing consumer privacy rights and business obligations

UCPA: Utah Consumer Privacy Act - Utah state law providing framework for consumer privacy rights and business responsibilities

GDPR: General Data Protection Regulation - EU regulation that may apply when handling data of EU residents, even for US companies

PIPEDA: Personal Information Protection and Electronic Documents Act - Canadian federal privacy law that may apply when handling Canadian resident data

PCI DSS: Payment Card Industry Data Security Standard - Security standard for organizations that handle branded credit cards

SOC 2: Service Organization Control 2 - Voluntary compliance standard for service organizations, specifying how organizations should manage customer data

ISO 27001: International Organization for Standardization standard for information security management systems (ISMS)

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Authors

Alex Denne

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