Sub Processing Agreement

Sub Processing Agreement Template for Denmark

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Document background

This Sub Processing Agreement is essential when a processor (who processes personal data on behalf of a data controller) wishes to engage another entity (a sub-processor) to carry out specific processing activities. The agreement is specifically designed to comply with Danish legal requirements and the GDPR, particularly Article 28(4). It is used when the main processor wants to delegate some or all of its processing activities to another entity while ensuring that appropriate data protection safeguards are in place. The document includes detailed provisions on data security, confidentiality, data subject rights, breach notification, and audit requirements. It's particularly important in the Danish context as it must comply with both the Danish Data Protection Act (Databeskyttelsesloven) and broader EU requirements, making it suitable for both domestic and international sub-processing arrangements involving Danish entities.

Suggested Sections

1. Parties: Identification of the main processor (as customer) and the sub-processor (as service provider), including their legal representatives

2. Background: Context of the agreement, reference to the main processing agreement, and the purpose of engaging a sub-processor

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions

4. Scope and Purpose: Detailed description of the processing activities to be carried out by the sub-processor

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Sub-processor Obligations: Core obligations including processing only on documented instructions, confidentiality, security measures, and data breach notification requirements

7. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection

8. Assistance to Processor: Sub-processor's obligations to assist the main processor in fulfilling its obligations to the controller

9. Audit Rights: Provisions for conducting audits and inspections of sub-processor's facilities and practices

10. Data Breach Management: Procedures for handling and reporting personal data breaches

11. Data Transfer Mechanisms: Rules for international data transfers and ensuring adequate protection

12. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

13. Termination: Conditions for termination and obligations upon termination including data deletion or return

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-sub-processors: Include when the sub-processor may need to engage additional sub-processors, specifying authorization requirements and obligations

2. Special Categories of Data: Include when processing involves sensitive personal data, specifying additional safeguards

3. Data Protection Impact Assessment: Include when processing is likely to result in high risk to rights and freedoms of natural persons

4. Insurance Requirements: Include when specific insurance coverage is required for data processing activities

5. Business Continuity: Include when continuous service availability is critical, specifying disaster recovery and business continuity requirements

6. Exit Management: Include when complex transition arrangements are needed upon termination

Suggested Schedules

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

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

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

4. Schedule 4 - Contact Points and Procedures: Contact details for key personnel and procedures for routine communications and emergencies

5. Schedule 5 - Audit Requirements: Specific procedures and requirements for conducting audits

6. Appendix A - Standard Contractual Clauses: If applicable, for international data transfers outside the EU/EEA

7. Appendix B - Service Level Agreement: Specific service levels and performance metrics for the sub-processing activities

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