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Personal Data Agreement

Personal Data Agreement Template for Ireland

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Key Requirements PROMPT example:

Personal Data Agreement

"I need a Personal Data Agreement for my Irish tech company acting as a data processor for a US client, with the agreement starting from March 2025, including provisions for international data transfers and sub-processor approval processes."

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Document background
The Personal Data Agreement is essential for organizations operating under Irish jurisdiction that process personal data, either as controllers or processors. This document is required under Article 28 of the GDPR and the Irish Data Protection Act 2018 whenever one organization processes personal data on behalf of another. It sets out specific obligations regarding data security, confidentiality, sub-processing, and international transfers, while ensuring compliance with Irish and EU data protection requirements. The agreement is particularly crucial following the Schrems II decision and updated requirements for international data transfers. It should be implemented before any data processing activities commence and must reflect specific technical and organizational measures appropriate to the processing activities involved.
Suggested Sections

1. Parties: Identification of the data controller and data processor (or joint controllers), including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of the data processing activities

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the personal data to be processed and the specific purposes for processing

5. Duration of Processing: Timeframe for the data processing activities and the agreement's term

6. Nature and Categories of Personal Data: Specification of the types of personal data being processed and categories of data subjects

7. Obligations of the Data Processor: Processor's commitments including security measures, confidentiality, sub-processing rules, and assistance obligations

8. Rights and Obligations of the Data Controller: Controller's responsibilities, including instructions for processing and monitoring rights

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

10. Data Security: Security measures required to protect personal data during processing

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

12. Audit Rights: Controller's rights to audit the processor's compliance and processor's obligations to demonstrate compliance

13. Liability and Indemnities: Allocation of liability between parties and indemnification provisions

14. Termination: Conditions for termination and obligations regarding data return or deletion

15. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, specifying transfer mechanisms and safeguards

2. Sub-processing: Detailed rules for engaging sub-processors, required when the processor intends to use other processors

3. Joint Controller Arrangements: Required when parties are acting as joint controllers, specifying respective responsibilities

4. Special Categories of Personal Data: Additional safeguards required when processing sensitive personal data

5. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by the processing activities

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Business Continuity and Disaster Recovery: Required for critical processing activities or large-scale processing

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms, including Standard Contractual Clauses if applicable

5. Schedule 5 - Contact Points: Key contacts for data protection matters, breach notification, and data subject requests

6. Appendix A - Data Subject Request Procedure: Detailed procedures for handling data subject rights requests

7. Appendix B - Data Breach Response Plan: Step-by-step protocol for responding to and reporting data breaches

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
Relevant legal definitions







































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Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

E-commerce and Retail

Education

Manufacturing

Telecommunications

Marketing and Advertising

Human Resources and Recruitment

Insurance

Real Estate

Non-profit Organizations

Public Sector

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Risk Management

Operations

Procurement

Data Protection

Information Governance

Corporate Governance

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

Chief Information Security Officer

Chief Technology Officer

Chief Legal Officer

Risk Manager

Operations Director

IT Manager

Privacy Analyst

Contracts Manager

Chief Operations Officer

Chief Executive Officer

Data Protection Specialist

Information Governance Manager

Procurement 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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