Legal
CCPA Compliant Data Processing Agreement Template
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This Data Processing Addendum (“Agreement” or “DPA”) is entered into by and between [sender.company] with its principal place of business in [Sender State] (the “Company” or “Data Controller”), and [Client Company] with its principal place of business in [Client State] (the “Vendor,” “Data Processor,” or “Processor”). Each party agrees to be bound by the terms set forth in this Agreement.
This Agreement forms part of and is incorporated into the Master Service Agreement (“MSA”) or applicable Terms and Conditions (“T&C”) entered into between the parties. In the event of any conflict, the terms of the MSA shall prevail unless otherwise stated herein.
Whereas, the Company acts as the Data Controller and may engage the Data Processor to perform certain services that involve the processing of personal data. The parties enter into this Agreement to ensure that such processing is conducted in compliance with the General Data Protection Regulation (GDPR) and all other applicable data protection laws. The parties therefore agree to the following terms and conditions.
Responsibilities of the Data Processor
The Data Processor agrees to comply at all times with applicable Data Protection Laws when processing personal data. Personal data shall be processed solely in accordance with the documented instructions of the Company.
The Data Processor shall ensure that its personnel, agents, and any authorized sub-processors who have access to personal data comply with the same data protection and security obligations set forth in this Agreement.
Data Processing Security
The Data Processor shall implement appropriate technical and organizational measures to safeguard personal data and reduce associated risks to an acceptable level. The Data Processor shall assess potential risks, including personal data breaches, and maintain procedures to promptly detect, address, and remediate such incidents.
Subprocessing
The Data Processor shall not engage any sub-processor or disclose personal data to a third party without the Company’s prior written authorization.
Subprocessing
The Data Processor shall not engage any sub-processor or disclose personal data to a third party without the Company’s prior written authorization.
Rights of Data Subjects
“Data Subjects” refers to individuals whose personal data is provided to the Company and processed by the Data Processor. The Data Processor shall reasonably assist the Company in fulfilling its obligations to respond to Data Subject requests under applicable Data Protection Laws. Any Data Subject request received by the Data Processor shall be promptly forwarded to the Company, and the Data Processor shall not respond to such requests unless authorized by the Company or required by law.
Personal Data Breach
In the event of a personal data breach affecting the Company’s personal data, the Data Processor shall notify the Company without undue delay and provide sufficient information to enable the Company to comply with its legal reporting obligations. The Data Processor shall cooperate fully in investigating, mitigating, and resolving the breach.
Deletion or Return of Personal Data
Upon termination of the services, the Data Processor shall delete or return all copies of the Company’s personal data within ten (10) business days. Written confirmation of such deletion or return shall be provided to the Company upon request.
Audit Rights
The Data Processor shall make available all information reasonably necessary to demonstrate compliance with this Agreement. The Company may conduct audits or inspections, upon reasonable notice, to verify such compliance.
Confidentiality
Each party shall treat this Agreement and all related information as confidential and shall not disclose such information to any third party without prior written consent, except as required by law or where the information is publicly available.
Notices
All notices under this Agreement shall be provided in writing and delivered by email or post to the addresses specified at the beginning of this Agreement.
Data Transfer
The Data Processor shall not transfer personal data outside the European Union (EU) or European Economic Area (EEA) without the Company’s prior written consent. Where authorized, the parties shall implement appropriate safeguards, including standard contractual clauses or other EU-approved mechanisms.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of [Jurisdiction/State/Country]. The parties agree to submit to the non-exclusive jurisdiction of the courts located in [Location] for any disputes arising under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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