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Data protection clause: Copy, customize, and use instantly

Introduction

A data protection clause outlines the responsibilities and obligations of the parties in handling personal data and ensuring its security and privacy. This clause is important for complying with data protection regulations such as GDPR, CCPA, and other relevant laws. It ensures that personal data is collected, stored, processed, and transferred in a manner that respects privacy rights and legal requirements.

Below are templates for data protection clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.

General data protection compliance

This clause ensures compliance with data protection laws.

The Parties agree to comply with all applicable data protection laws and regulations in relation to the collection, use, processing, storage, and transfer of personal data. Both Parties will implement necessary measures to protect the confidentiality, integrity, and security of personal data and avoid unauthorized access or use.

Data subject rights

This clause addresses the rights of data subjects.

The Parties acknowledge that individuals whose personal data is processed under this Agreement have the right to access, correct, erase, or restrict the processing of their data. Each Party will ensure that data subjects can exercise their rights in accordance with applicable data protection laws and respond to such requests promptly.

Data processing obligations

This clause sets forth the responsibilities regarding data processing.

Each Party agrees to process personal data only for the purposes specified in this Agreement and in compliance with applicable data protection laws. Neither Party shall process personal data in any manner that would cause harm or violate the rights of data subjects, unless authorized in writing.

Data transfer restrictions

This clause governs the transfer of personal data.

The Parties agree not to transfer personal data to third parties or to countries outside the applicable jurisdiction unless such transfer complies with applicable data protection laws. If data is transferred outside of the jurisdiction, the Parties will implement appropriate safeguards, such as standard contractual clauses, to protect the data.

Data breach notification

This clause outlines the obligations in case of a data breach.

In the event of a data breach that involves personal data under this Agreement, the Parties will promptly notify each other and, where applicable, notify the relevant data protection authorities. Both Parties agree to cooperate in managing and mitigating the breach, including notifying affected data subjects where required by law.

Data retention and deletion

This clause governs the retention and deletion of personal data.

The Parties agree to retain personal data only for as long as necessary to fulfill the purposes outlined in this Agreement and in compliance with applicable data protection laws. Upon expiration or termination of this Agreement, the Parties shall delete or return all personal data in accordance with data retention policies and legal requirements.

Data processing subcontracts

This clause governs the use of subprocessors or third-party service providers.

The Parties agree not to subcontract any data processing activities to third parties without obtaining prior written consent from the other Party. If subprocessors are used, the Party engaging the subprocessor will ensure that appropriate data protection terms are in place to protect the personal data.

Security measures

This clause requires the implementation of security measures.

Each Party agrees to implement appropriate technical and organizational measures to ensure the security of personal data against unauthorized access, alteration, loss, or disclosure. These measures will be regularly reviewed and updated to meet evolving risks to the data.

Confidentiality of personal data

This clause ensures the confidentiality of personal data.

The Parties agree that personal data received under this Agreement shall be treated as confidential and shall not be disclosed to unauthorized third parties. Access to personal data will be limited to employees, agents, or subcontractors who have a legitimate need to know and are bound by confidentiality obligations.

Third-party audits

This clause provides for third-party audits of data processing practices.

The Parties agree to allow periodic audits by third parties to verify compliance with this data protection clause. Such audits may include inspection of data handling practices, security measures, and record-keeping processes, and the Parties agree to cooperate fully during such audits.

Data protection impact assessment (DPIA)

This clause addresses the need for a DPIA when necessary.

If required by applicable data protection laws, the Parties will conduct a Data Protection Impact Assessment (DPIA) prior to initiating any processing activities that may result in a high risk to the rights and freedoms of data subjects. Any necessary mitigation measures will be implemented as a result of the DPIA.

This clause addresses the need for data subject consent.

The Parties agree to obtain the necessary consent from data subjects for the processing of their personal data where required by applicable law. Each Party will maintain records of the consent obtained and provide evidence of such consent upon request.

Data processing records

This clause ensures the maintenance of processing records.

Each Party agrees to maintain accurate records of all data processing activities conducted under this Agreement, including the categories of data processed, the purpose of processing, and the parties involved. These records will be made available to data protection authorities upon request.

Data protection training

This clause ensures proper training of staff.

The Parties agree to provide regular data protection training to their employees and contractors who handle personal data, ensuring that they are informed about applicable data protection laws and the proper handling of personal data under this Agreement.

Right to audit data practices

This clause provides the right to audit the other party’s data practices.

Each Party retains the right to audit the other Party’s data processing practices to ensure compliance with this Agreement and applicable data protection laws. Such audits may include reviewing data handling practices, security measures, and access controls.

Data minimization

This clause ensures only necessary data is processed.

The Parties agree to process only the personal data that is necessary for the fulfillment of their obligations under this Agreement. Data will be collected, processed, and stored in a manner that minimizes the amount of personal data retained, in accordance with the principle of data minimization.

Data protection responsibility of the parties

This clause assigns responsibility for data protection compliance.

Both Parties acknowledge their individual responsibilities for compliance with applicable data protection laws. Each Party agrees to take the necessary steps to ensure that personal data is processed in compliance with all applicable laws, regulations, and contractual obligations.

Data protection reporting

This clause provides for regular reporting on data protection activities.

The Parties agree to provide regular reports on data protection activities, including audits, data breach incidents, and data handling practices. These reports will be shared with the other Party to ensure ongoing compliance and transparency regarding data protection efforts.

Data protection indemnity

This clause provides for indemnity in case of data protection violations.

Each Party agrees to indemnify the other Party against any claims, losses, or penalties arising from a breach of this data protection clause, including those resulting from failure to comply with applicable data protection laws, security breaches, or mishandling of personal data.

Data protection dispute resolution

This clause addresses how disputes over data protection will be resolved.

In the event of a dispute arising from the processing of personal data under this Agreement, the Parties agree to resolve the dispute in accordance with the dispute resolution provisions outlined in this Agreement, including the option of mediation or arbitration, if applicable.

Data protection obligations upon termination

This clause governs the handling of personal data after termination of the Agreement.

Upon termination of this Agreement, the Parties agree to return or securely delete all personal data in their possession, in accordance with the terms of this Agreement and applicable data protection laws. Each Party will certify that it has complied with this obligation upon request.

Breach of data protection clause

This clause addresses consequences of breaching the data protection provisions.

A breach of this data protection clause by either Party will constitute a material breach of this Agreement. In the event of a breach, the non-breaching Party may seek appropriate remedies, including termination of the Agreement or seeking compensation for any damages caused by the breach.

Data protection responsibilities of processors

This clause assigns responsibilities to data processors.

The Parties agree that any data processors engaged in processing personal data under this Agreement will be bound by similar data protection obligations. The Party engaging the processor shall ensure that the processor complies with applicable data protection laws and maintains adequate security measures to protect the data.

Data protection compliance audits

This clause provides for regular audits of data protection practices.

The Parties agree to allow for periodic audits of their data protection practices by independent third parties to verify compliance with the terms of this Agreement and applicable data protection laws. The Parties will cooperate fully during any audit process.

Use of encryption for personal data

This clause requires the use of encryption.

The Parties agree to employ appropriate encryption methods for the storage and transmission of personal data to ensure its confidentiality and security. Encryption will be used for any personal data that is stored or transferred electronically.

Data protection for sensitive data

This clause provides extra safeguards for sensitive data.

If any personal data processed under this Agreement is classified as sensitive data (such as health data, financial data, or special categories of data), the Parties agree to implement additional safeguards to protect the data, including enhanced security measures and obtaining explicit consent from data subjects where required by law.

Compliance with global data protection laws

This clause ensures compliance with global data protection laws.

The Parties agree to comply with all applicable data protection laws worldwide, including those related to cross-border data transfers, regardless of where personal data is processed or stored. This includes compliance with regulations such as GDPR, CCPA, and other global data protection frameworks.

Data access and control by the data subject

This clause outlines the data subject's access rights.

The Parties agree to ensure that data subjects can access and control their personal data in accordance with applicable data protection laws. Data subjects have the right to request access to, correct, or delete their data, and the Parties will facilitate these requests as required by law.

Data protection risk assessments

This clause mandates the performance of risk assessments.

The Parties agree to conduct periodic data protection risk assessments to identify and address potential risks to the confidentiality, integrity, and availability of personal data. Risk assessments will be carried out before processing personal data and whenever changes to the processing activities occur.

Personal data processing restrictions

This clause defines processing restrictions.

The Parties agree not to process personal data for purposes other than those explicitly outlined in this Agreement. Any change to the purpose of processing will require prior written consent from the other Party and may require further data subject consent where applicable.

Data protection staff training

This clause mandates staff training on data protection.

The Parties agree to provide regular data protection training to all employees, contractors, or agents involved in the handling of personal data. The training will cover applicable data protection laws, security practices, and how to appropriately handle personal data in accordance with the terms of this Agreement.

Use of personal data for marketing purposes

This clause addresses the use of data for marketing.

The Parties agree that personal data shall not be used for marketing purposes without the prior explicit consent of the data subjects. Any use of personal data for marketing will comply with applicable data protection laws and will respect the rights of data subjects.

Data protection rights during the contract term

This clause covers data protection rights during the term of the Agreement.

During the term of this Agreement, both Parties agree to honor the rights of data subjects under applicable data protection laws, including the right to access, correction, deletion, and restriction of processing. The Parties will promptly address any requests related to these rights.

Data protection obligations after termination

This clause addresses obligations after the Agreement ends.

Upon termination of this Agreement, both Parties will ensure that all personal data is securely returned or deleted as per the terms of this Agreement. Both Parties will certify the deletion or return of the data and will no longer process the personal data unless otherwise required by law.

Data protection compliance officer appointment

This clause requires appointment of a compliance officer.

The Parties agree to appoint a designated data protection compliance officer responsible for ensuring compliance with data protection obligations under this Agreement. The compliance officer will oversee data processing activities and ensure adherence to applicable data protection laws.

Cross-border data transfer restrictions

This clause outlines cross-border data transfer restrictions.

The Parties agree that personal data shall not be transferred to countries outside the jurisdiction without ensuring that adequate protection mechanisms are in place, in compliance with applicable data protection laws. Transfers will only occur if legal safeguards, such as standard contractual clauses, are in place.

Data protection dispute resolution

This clause provides for dispute resolution regarding data protection issues.

In the event of a dispute regarding the interpretation or enforcement of this data protection clause, the Parties agree to resolve the dispute in accordance with the dispute resolution procedures outlined in this Agreement, including mediation or arbitration if necessary.

Subcontractor data protection compliance

This clause addresses subcontractor compliance with data protection.

If any subcontractors are engaged to process personal data under this Agreement, the Parties agree that the subcontractors will be bound by the same data protection obligations as the Parties. The primary Party engaging the subcontractor will ensure that the subcontractor complies with applicable data protection laws.

Notification of changes to data processing

This clause requires notification of changes in data processing activities.

The Parties agree to notify each other of any significant changes in their data processing activities that could affect the protection of personal data. These changes include changes in processing purposes, new data subjects, or the introduction of new technologies.

Security of personal data during transmission

This clause ensures the security of personal data during transmission.

The Parties agree to implement secure methods of transmitting personal data, including encryption and secure transfer protocols, to prevent unauthorized access or interception during data transmission. Both Parties will ensure the integrity and confidentiality of personal data at all stages of transmission.

Data protection indemnification

This clause provides indemnification for data protection breaches.

The Parties agree to indemnify and hold each other harmless against any claims, damages, or fines resulting from a breach of this data protection clause or failure to comply with applicable data protection laws. This indemnification applies to both direct and indirect losses incurred due to data protection violations.

Data retention and destruction policies

This clause outlines data retention and destruction policies.

The Parties agree to establish and implement data retention policies, ensuring that personal data is retained only for as long as necessary to fulfill the purposes outlined in this Agreement. Personal data that is no longer required will be securely destroyed or anonymized in accordance with applicable data protection laws.

Compliance with industry-specific data protection regulations

This clause ensures compliance with industry-specific regulations.

The Parties agree to comply with any industry-specific data protection regulations that may apply, including but not limited to, financial data protection regulations, healthcare data privacy laws, or any other sector-specific data protection standards. Compliance will be monitored and maintained throughout the term of the Agreement.

No violation of data protection laws during transfer

This clause ensures no violation of data protection laws during transfer.

The Parties represent and warrant that any transfer of personal data under this Agreement will comply with applicable data protection laws, including any necessary safeguards such as standard contractual clauses, ensuring that data subjects' rights are adequately protected during the transfer.

Data processing and retention limits

This clause sets limits on data processing and retention.

The Parties agree that personal data will only be processed for the specific purposes outlined in this Agreement and will be retained only for as long as necessary to achieve those purposes. Any data that is no longer required will be securely deleted or anonymized.

Data protection compliance in subcontracting arrangements

This clause ensures compliance in subcontracting arrangements.

In the event that a Party engages a subcontractor to process personal data, that subcontractor must agree to adhere to the same data protection obligations as the Party engaging them. The primary Party will ensure that the subcontractor complies with all applicable data protection laws.

Personal data usage audit rights

This clause provides audit rights for personal data usage.

The Parties agree to allow for periodic audits by the other Party or by an independent third party to verify compliance with data protection obligations under this Agreement. The Parties will cooperate fully in such audits and provide any necessary documentation or access to systems related to data processing activities.

Personal data security requirements

This clause mandates personal data security requirements.

The Parties agree to implement robust security measures to safeguard personal data from unauthorized access, alteration, disclosure, or destruction. These security measures must meet or exceed industry standards and be continuously reviewed and updated to address evolving threats.

Employee training on data protection

This clause mandates training on data protection.

Each Party agrees to provide regular data protection training for employees and contractors who handle personal data. This training will ensure that staff members understand their responsibilities under data protection laws and the terms of this Agreement.

Data protection breach mitigation plan

This clause requires a breach mitigation plan.

In the event of a data breach, the Parties agree to implement an effective breach mitigation plan, including notifying affected individuals, cooperating with relevant authorities, and taking steps to mitigate the impact of the breach. Both Parties will comply with applicable breach notification requirements.

Data protection accountability and reporting

This clause ensures accountability and reporting.

Each Party agrees to maintain records of their data processing activities and to report any non-compliance or breaches of data protection laws to the other Party within a reasonable timeframe. These records will be made available upon request by relevant authorities.

This clause addresses the management of data subject consent.

The Parties agree to obtain and manage explicit consent from data subjects for the processing of their personal data where required by law. Each Party will maintain records of consent and ensure that data subjects can withdraw their consent at any time.

Third-party data processor approval

This clause requires approval for third-party data processors.

The Parties agree not to engage third-party data processors without obtaining prior written consent from the other Party. Any third-party processor must comply with the same data protection standards and obligations as set forth in this Agreement.

Data retention after contract termination

This clause specifies data retention after contract termination.

Upon termination of this Agreement, the Parties agree to retain personal data only for as long as required by applicable laws or regulatory requirements. Any data that is no longer needed will be securely deleted or returned to the originating Party, as appropriate.

Privacy impact assessment requirement

This clause requires a privacy impact assessment.

The Parties agree to conduct a privacy impact assessment (PIA) whenever a new project or activity involving personal data processing is introduced, particularly if the processing involves high-risk activities or sensitive data. The results of the PIA will be used to mitigate any risks to data subjects' privacy.

Personal data transfer outside jurisdiction

This clause governs personal data transfer outside jurisdiction.

The Parties agree not to transfer personal data outside the jurisdiction without implementing appropriate safeguards, such as standard contractual clauses or binding corporate rules, to ensure compliance with applicable data protection laws and to protect the rights of data subjects.

Data protection responsibilities of both parties

This clause clarifies the data protection responsibilities of both parties.

Both Parties acknowledge their separate and independent obligations under applicable data protection laws, and agree to cooperate to ensure that personal data is processed in a manner that complies with the relevant data protection requirements and the terms of this Agreement.

Third-party data sharing conditions

This clause outlines the conditions for third-party data sharing.

The Parties agree not to share personal data with any third parties, except as necessary to fulfill the obligations under this Agreement or as required by law. Any third party receiving personal data will be bound by appropriate data protection terms.

Data protection breach liability

This clause outlines liability in case of data protection breach.

The Parties agree to indemnify each other against any liabilities, fines, or penalties resulting from a breach of data protection obligations under this Agreement, including violations of data subject rights or data security breaches.

Personal data processing restrictions

This clause imposes restrictions on personal data processing.

The Parties agree to process personal data only as necessary to fulfill their obligations under this Agreement and in accordance with the instructions of the other Party. Personal data will not be used for any other purpose unless agreed upon in writing by both Parties.

Privacy by design and by default

This clause ensures privacy by design and default.

The Parties agree to implement privacy by design and by default in all data processing activities. This includes minimizing data collection, ensuring data is securely processed, and providing data subjects with control over their personal data at every stage of processing.

Regular review of data protection practices

This clause ensures regular review of data protection practices.

The Parties agree to regularly review their data protection practices to ensure they remain in compliance with applicable laws and the terms of this Agreement. Any necessary adjustments will be made promptly to address new legal requirements or risks.

Secure data transmission practices

This clause mandates secure data transmission practices.

The Parties agree to use secure transmission methods, such as encryption, to transmit personal data between their systems. All data in transit will be protected to prevent unauthorized access, interception, or alteration during transmission.

Data protection obligations in case of acquisition or merger

This clause covers data protection obligations in case of acquisition or merger.

In the event of a merger, acquisition, or change of control, the Parties agree to ensure that data protection obligations under this Agreement continue to be met. The successor entity will be bound by the data protection terms of this Agreement and will take steps to safeguard personal data accordingly.

Data deletion certification

This clause ensures certification of data deletion.

Upon the termination of this Agreement or at any time upon request, the Parties agree to certify the deletion of all personal data that is no longer required. A written certification will be provided, confirming that all personal data has been securely deleted or returned.

Joint responsibility for data breaches

This clause addresses joint responsibility in the case of data breaches.

In the event of a data breach, both Parties will work together to assess the impact, notify affected data subjects if required, and cooperate with the relevant authorities. The Parties will share responsibility for rectifying the breach and mitigating any damages resulting from it.

Data protection compliance with data-sharing partners

This clause ensures compliance when sharing data with partners.

The Parties agree to ensure that any sharing of personal data with business partners, affiliates, or any other third-party organizations complies with all relevant data protection laws. The Parties will ensure that data-sharing arrangements are governed by appropriate agreements, such as data processing agreements, and will only share personal data when it is legally permissible and necessary.

Privacy rights enforcement for data subjects

This clause outlines the enforcement of privacy rights for data subjects.

The Parties affirm that they will ensure data subjects' privacy rights are respected, including providing data subjects with the ability to access, rectify, delete, or object to the processing of their personal data in accordance with applicable laws. The Parties agree to promptly address any requests from data subjects to exercise these rights.

Compliance with regional data protection frameworks

This clause ensures compliance with regional data protection frameworks.

The Parties agree to comply with all relevant regional data protection frameworks, such as the EU's General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other applicable national or international data protection laws. Compliance will include taking the necessary steps to protect personal data and meet regulatory requirements.

Personal data retention schedules

This clause defines personal data retention schedules.

The Parties agree to establish and maintain personal data retention schedules, ensuring that personal data is not kept longer than necessary for the purposes specified in this Agreement. Any personal data that is no longer required will be securely deleted, anonymized, or returned to the data subject or the other Party.

Data protection officer (DPO) responsibilities

This clause outlines the responsibilities of the data protection officer.

The Parties agree to appoint a Data Protection Officer (DPO) to oversee compliance with data protection laws under this Agreement. The DPO will be responsible for managing data protection processes, addressing any issues related to data subjects' rights, and ensuring that the Parties comply with relevant data protection laws and standards.

Third-party vendor risk management for data protection

This clause outlines third-party vendor risk management for data protection.

The Parties agree to evaluate and monitor third-party vendors and service providers for compliance with applicable data protection laws. Any third-party vendor that processes personal data must meet the Parties' data protection requirements, and the Parties agree to implement proper data protection due diligence processes when selecting vendors.

Data protection in case of business transfer or sale

This clause ensures data protection during business transfer or sale.

The Parties agree that any transfer, sale, or assignment of business assets or ownership will comply with applicable data protection laws. In the event that personal data is transferred to a new entity, the Parties will ensure that the new entity adheres to the data protection provisions outlined in this Agreement.

Data protection during system upgrades

This clause addresses data protection during system upgrades.

The Parties agree to ensure that data protection measures are maintained during any system upgrades, technological changes, or enhancements that may involve personal data. Adequate security measures will be implemented to prevent unauthorized access or data loss during such transitions.

Data protection for children’s personal data

This clause ensures data protection for children’s personal data.

The Parties represent and warrant that they will not process personal data of children under the applicable legal age without obtaining the required consent from parents or guardians. Personal data of children will only be processed in compliance with relevant data protection laws for minors, such as the Children’s Online Privacy Protection Act (COPPA) or similar legislation.

Liability for non-compliance with data protection laws

This clause outlines liability for non-compliance with data protection laws.

The Parties agree to indemnify each other for any liability, fines, or penalties arising from failure to comply with the terms of this data protection clause or any applicable data protection laws. This indemnity applies to both direct and indirect losses resulting from data breaches or non-compliance with regulatory requirements.

Personal data processing for research purposes

This clause governs personal data processing for research purposes.

The Parties agree that personal data processed for research purposes will be anonymized or pseudonymized wherever possible, and only the minimum amount of personal data necessary for research purposes will be used. Any research activities involving personal data will comply with applicable data protection laws, including obtaining appropriate consent from data subjects.

Data protection for online transactions

This clause ensures data protection for online transactions.

The Parties agree to implement appropriate data protection measures to secure personal data during online transactions. This includes the use of encryption, secure payment processing systems, and other industry-standard security measures to protect personal data during payment or transaction processing.

Data protection obligations during joint ventures

This clause addresses data protection obligations in joint ventures.

The Parties agree that in the event of a joint venture or partnership, all personal data shared or processed in connection with the joint venture will be subject to the same data protection obligations as outlined in this Agreement. The Parties will establish data protection measures to ensure compliance with applicable laws when jointly processing personal data.

Data access limitation

This clause ensures limitations on data access.

The Parties agree to limit access to personal data to only those employees, contractors, or agents who need access to fulfill the obligations under this Agreement. The Parties will implement role-based access controls to restrict data access to authorized personnel only.

Privacy policy and compliance

This clause mandates the creation and enforcement of a privacy policy.

The Parties agree to develop, implement, and maintain an up-to-date privacy policy that clearly explains how personal data is collected, processed, and protected. The privacy policy will be made available to all data subjects, and the Parties will ensure that it complies with applicable data protection laws.

Monitoring and compliance with data protection obligations

This clause requires ongoing monitoring of data protection obligations.

The Parties agree to continuously monitor their data protection practices to ensure compliance with the terms of this Agreement and applicable data protection laws. Monitoring activities will include periodic internal audits, external assessments, and regular reporting on data protection compliance efforts.

Cross-border data processing restrictions

This clause addresses restrictions on cross-border data processing.

The Parties agree that personal data will not be transferred to a country or jurisdiction that does not offer an adequate level of protection for personal data, as determined by applicable laws, unless appropriate safeguards are in place, such as standard contractual clauses or binding corporate rules.

Emergency response plan for data breaches

This clause outlines the emergency response plan for data breaches.

In the event of a data breach, the Parties agree to activate their emergency response plans, which include notifying the relevant authorities, informing affected individuals if necessary, and mitigating the impact of the breach. Each Party will take all reasonable steps to limit damage caused by the breach and prevent future occurrences.

Data transfer impact assessments for international transfers

This clause requires impact assessments for international data transfers.

The Parties agree to conduct a data transfer impact assessment for any transfer of personal data across international borders. The assessment will evaluate the risks to data subjects' privacy and ensure that appropriate safeguards, such as the use of standard contractual clauses, are implemented to protect personal data.

Agreement termination and data protection obligations

This clause addresses data protection obligations upon agreement termination.

Upon termination of this Agreement, the Parties agree to securely delete or return all personal data processed under this Agreement, as applicable, and certify in writing that all personal data has been properly handled in accordance with applicable data protection laws. The Parties will ensure that no further processing of personal data occurs unless required by law.

Data subject access requests

This clause ensures data subject access requests are handled properly.

The Parties agree to comply with data subjects' requests to access, rectify, or delete their personal data under applicable data protection laws. Data subjects will be provided with all necessary assistance in exercising their rights, and each Party will respond to such requests within the legal timeframe.

Right to object to data processing

This clause grants the right to object to data processing.

The Parties acknowledge that data subjects have the right to object to the processing of their personal data for specific purposes, including marketing. Upon receiving such an objection, each Party will promptly halt any further processing of the data unless legally permitted to continue.

This clause ensures data processing is carried out in accordance with legal obligations.

The Parties agree to process personal data only to the extent necessary to comply with legal obligations, regulatory requirements, or court orders. Any processing beyond this scope will require the data subject’s consent, as applicable under relevant data protection laws.

Data protection for biometric data

This clause ensures protection of biometric data.

The Parties agree to handle biometric data, such as fingerprints, facial recognition, or voiceprints, with heightened security measures. Biometric data will be processed only with explicit consent from the data subject and in compliance with relevant privacy laws regarding sensitive data.

Limitation of data retention for sensitive data

This clause limits the retention of sensitive data.

The Parties agree to retain sensitive personal data, such as health or financial information, only for the minimum period necessary to fulfill the purposes outlined in this Agreement. After this period, the data will be securely deleted or anonymized.

Notification of non-compliance with data protection

This clause requires notification in case of non-compliance with data protection laws.

The Parties agree to notify each other immediately if any aspect of the data processing activities under this Agreement does not comply with applicable data protection laws. Each Party will take corrective actions to remedy any such non-compliance promptly.

Data breach investigation and reporting

This clause ensures proper investigation and reporting of data breaches.

In the event of a data breach, the Parties agree to immediately investigate the incident, assess the risks, and report the breach to the relevant supervisory authorities, as well as affected data subjects if necessary, in accordance with the applicable breach notification laws.

Data protection in case of insolvency

This clause addresses data protection in case of insolvency.

In the event of insolvency or bankruptcy, the Parties agree to ensure that any personal data under their control is properly handled and protected according to applicable data protection laws. The Parties will cooperate with administrators or receivers to safeguard data during the process.

Data protection for employee data

This clause ensures the protection of employee data.

The Parties agree to process employee personal data, including salary, health, and employment history, in compliance with applicable labor laws and data protection regulations. Employee data will only be used for the purposes of employment management and will not be disclosed to unauthorized third parties.

Personal data confidentiality in case of audits

This clause governs confidentiality during audits.

The Parties agree to maintain the confidentiality of personal data during audits or other inspections conducted by regulators or auditors. Personal data will only be disclosed to auditors who have appropriate confidentiality agreements in place and are authorized to review such data.

Secure data transmission for third-party services

This clause ensures secure data transmission for third-party services.

The Parties agree to use secure methods, including encryption, to transmit personal data to any third-party service providers involved in the processing of personal data. All data transfers must comply with relevant data protection laws and be secure from unauthorized access.

Use of pseudonymization for data processing

This clause promotes pseudonymization for data processing.

The Parties agree to pseudonymize personal data where possible to reduce risks to data subjects' privacy. Pseudonymized data will be used for analysis, reporting, and research while maintaining the confidentiality of the data subject.

Data protection training for subcontractors

This clause ensures subcontractors are trained in data protection.

The Parties agree to provide data protection training for any subcontractors who process personal data on their behalf. The training will ensure that subcontractors understand their data protection responsibilities and comply with the terms of this Agreement and applicable laws.

Secure disposal of personal data

This clause mandates secure disposal of personal data.

The Parties agree to securely dispose of personal data that is no longer required for processing purposes. Secure disposal methods will include data deletion, degaussing, or physical destruction of storage devices to prevent any unauthorized access or recovery of the data.

Data protection during system migrations

This clause ensures data protection during system migrations.

In the event of a system migration or software upgrade, the Parties agree to ensure that personal data is securely transferred and that no data is lost or exposed to unauthorized access during the process. Appropriate safeguards will be in place to protect the integrity and confidentiality of the data during migration.

Third-party monitoring of data protection practices

This clause provides for third-party monitoring.

The Parties agree to engage third-party monitoring services to assess and verify compliance with the data protection provisions outlined in this Agreement. Monitoring will include regular reviews of data processing activities, security measures, and risk assessments.

Right to data portability

This clause grants the right to data portability.

The Parties agree to provide data subjects with the right to receive their personal data in a structured, commonly used, and machine-readable format. Data subjects will also have the right to transmit their data to another data controller where technically feasible.

Data protection during third-party audits

This clause ensures data protection during third-party audits.

The Parties agree that any third-party auditors performing audits involving personal data will be subject to confidentiality obligations and will adhere to the data protection laws applicable under this Agreement. The auditors will only access personal data necessary for the audit and will be restricted from disclosing it to unauthorized individuals.

This clause addresses personal data sharing under legal obligations.

The Parties agree that personal data may be shared with governmental authorities, law enforcement, or other relevant organizations if required by law. In such cases, the Parties will take reasonable steps to ensure that the sharing of personal data is limited to the minimum necessary for compliance with the legal obligation.

Data protection measures in cloud storage

This clause governs data protection in cloud storage.

The Parties agree to store personal data in secure cloud environments that meet industry standards for data protection. Access to personal data in the cloud will be restricted to authorized personnel, and appropriate encryption and security protocols will be used to protect the data.

Notification of change in data processing purposes

This clause requires notification of change in data processing purposes.

The Parties agree to notify each other in writing if there is a significant change in the purpose of personal data processing under this Agreement. Any change in the processing purpose will require the data subject's consent if required by applicable law.

Personal data processing by joint controllers

This clause governs joint data controllers.

If the Parties are joint controllers of personal data, they agree to define and document their respective responsibilities for compliance with data protection laws. Both Parties will ensure that data subjects are informed of the processing arrangements and their rights under applicable laws.

Privacy rights in case of business transfer

This clause addresses privacy rights in case of a business transfer.

The Parties agree that in the event of a business transfer, merger, or acquisition, the personal data of data subjects will continue to be protected under this Agreement. The Parties will ensure that data subjects are informed of any changes in the data processing practices and that their privacy rights are respected during the transition.

Secure personal data sharing with affiliates

This clause governs secure data sharing with affiliates.

The Parties agree to securely share personal data with their affiliates only when necessary for the performance of this Agreement. Any data shared will be subject to the same data protection standards as outlined in this Agreement, and affiliates will be required to adhere to these standards.

Use of anonymous data for analytics

This clause allows the use of anonymous data for analytics.

The Parties agree to anonymize personal data wherever possible and use it for analytics, reporting, or other purposes where identifiable information is not required. Anonymized data will not be linked to individual data subjects and will be processed in compliance with applicable data protection laws.

Data protection in international collaborations

This clause ensures data protection in international collaborations.

The Parties agree to ensure that any personal data shared as part of international collaborations will be processed in accordance with applicable data protection laws. Safeguards such as standard contractual clauses will be implemented when transferring personal data across borders.

Data protection during regulatory investigations

This clause addresses data protection during regulatory investigations.

The Parties agree to cooperate with regulatory authorities during investigations involving personal data and ensure that any personal data requested during such investigations is shared in compliance with applicable laws. Personal data shared during investigations will be protected according to this Agreement’s terms.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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