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Data Protection Addendum Template for England and Wales

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Key Requirements PROMPT example:

Data Protection Addendum

"I need a Data Protection Addendum for our software development company to engage a cloud storage provider in the US, with specific focus on international data transfers and security measures for processing customer data from our UK operations."

Document background
The Data Protection Addendum is essential when organizations engage in activities involving the processing of personal data in the United Kingdom. This document supplements existing commercial agreements to ensure compliance with UK data protection laws, particularly the UK GDPR and Data Protection Act 2018. It defines roles, responsibilities, and obligations regarding data processing activities, security measures, and breach management. The Data Protection Addendum is particularly crucial when one party processes personal data on behalf of another, establishing clear guidelines for data handling and protection.
Suggested Sections

1. Parties: Identification of data controller and data processor

2. Background: Context of the relationship and purpose of the addendum

3. Definitions: Key terms used throughout the document including definitions from UK GDPR, DPA 2018

4. Scope and Purpose: Details of data processing activities covered by the addendum

5. Data Protection Obligations: Core obligations of both parties under UK GDPR, DPA 2018 and other applicable laws

6. Security Measures: Required technical and organizational measures for data protection

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

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

Optional Sections

1. International Transfers: Provisions governing transfers of personal data outside UK/EEA, including appropriate safeguards

2. Sub-processing: Rules and conditions for engaging sub-processors, including approval process

3. Audit Rights: Controller's rights to audit processor's compliance with data protection obligations

4. Industry-Specific Compliance: Additional requirements for regulated industries such as financial services or healthcare

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures and controls implemented by the processor

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

4. Schedule 4 - Standard Contractual Clauses: International data transfer mechanisms where applicable

Authors

Alex Denne

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

Relevant legal definitions



























Clauses






















Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation - the primary data protection legislation in the UK post-Brexit, governing how personal data must be processed, stored and protected

DPA 2018: The Data Protection Act 2018 - the UK's implementation of data protection legislation that works alongside and supplements the UK GDPR

PECR: Privacy and Electronic Communications Regulations 2003 - specific rules governing electronic communications, including marketing, cookies, and privacy in telecommunications

EU GDPR: European Union General Data Protection Regulation - relevant for any data transfers between UK and EU, or when dealing with EU data subjects

International Transfer Mechanisms: Frameworks for transferring data internationally, including adequacy decisions, Standard Contractual Clauses (SCCs), and Binding Corporate Rules (BCRs)

NIS Regulations: Network and Information Systems Regulations 2018 - focusing on network and information systems security, particularly for essential services and digital service providers

Freedom of Information Act: Freedom of Information Act 2000 - relevant when dealing with public sector organizations and their data processing obligations

ICO Guidelines: Information Commissioner's Office guidelines and codes of practice - authoritative guidance on interpreting and implementing UK data protection laws

EDPB Guidelines: European Data Protection Board guidelines - relevant for understanding EU data protection requirements and best practices, particularly for cross-border processing

Industry-Specific Regulations: Sector-specific data protection requirements, including financial services regulations, healthcare data protection requirements, and marketing regulations

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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