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Dpa Addendum Template for England and Wales

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Key Requirements PROMPT example:

Dpa Addendum

"I need a DPA Addendum for our cloud service provider who will be processing customer data in both the UK and US, with specific provisions for AI data processing and automated decision making, to be implemented by March 2025."

Document background
The DPA Addendum is essential when one organization processes personal data on behalf of another under UK law. It's typically attached to a main service agreement to ensure GDPR and Data Protection Act 2018 compliance. This document becomes necessary when the main agreement doesn't adequately address data protection requirements or when changes in data protection laws necessitate additional terms. The DPA Addendum includes specific provisions for data security, breach notification, sub-processing, and international transfers, making it crucial for organizations handling personal data in the UK.
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, etc.

4. Scope and Purpose of Processing: Details of what data will be processed and for what purposes

5. Obligations of the Processor: Core processor responsibilities under GDPR/DPA 2018

6. Instructions and Authority: Controller's authority to give instructions and processor's obligation to follow them

7. Security Measures: Technical and organizational measures for data protection

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

Optional Sections

1. Cross-border Transfers: Requirements and safeguards for international data transfers outside UK/EEA

2. Sub-processing: Rules and requirements for engaging sub-processors and obtaining controller approval

3. Audit Rights: Controller's right to audit processor's compliance and related procedures

Suggested Schedules

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

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

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors (if applicable)

4. Schedule 4 - Standard Contractual Clauses: SCCs for international transfers (if 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




























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The United Kingdom General Data Protection Regulation - the primary data protection legislation in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

Data Protection Act 2018: The UK's implementation of data protection legislation that works alongside and supplements the UK GDPR, providing specific requirements for certain types of processing

PECR: Privacy and Electronic Communications Regulations 2003 - specific rules for electronic communications, marketing, and cookies

EU GDPR: European Union General Data Protection Regulation - relevant for data transfers involving EU residents/businesses and cross-border processing activities

Standard Contractual Clauses: Legal mechanisms approved by regulatory authorities for ensuring adequate protection of personal data transferred internationally

Adequacy Decisions: Official determinations by relevant authorities regarding which countries provide adequate levels of data protection for international transfers

ICO Guidelines: Official guidance and recommendations from the Information Commissioner's Office, the UK's data protection regulator

EDPB Guidelines: European Data Protection Board guidelines providing interpretation and practical guidance on data protection requirements

UK Data Protection and Digital Information Bill: Upcoming legislation that will introduce changes to the UK's data protection framework

Controller-Processor Requirements: Specific obligations and responsibilities for data controllers and processors, including clear allocation of roles and responsibilities

Data Protection Principles: Core principles including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity

Data Subject Rights: Requirements for handling individual rights including access, rectification, erasure, portability, and objection to processing

Security Measures: Technical and organizational measures required to ensure appropriate security of personal data

Cross-border Transfer Requirements: Specific requirements and safeguards for transferring personal data across borders

Breach Notification Requirements: Obligations regarding the timing and content of data breach notifications to authorities and affected individuals

Sub-processor Requirements: Rules governing the appointment and oversight of sub-processors, including required authorizations and contracts

Audit Rights: Requirements for establishing audit rights and compliance verification procedures

Liability and Indemnification: Provisions addressing responsibility and compensation for data protection violations

Data Retention and Deletion: Requirements for establishing retention periods and ensuring proper deletion or return of personal data

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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