Data subject access clause: Copy, customize, and use instantly
Introduction
A data subject access request (DSAR) clause outlines the process and obligations for responding to requests from individuals (data subjects) who wish to access the personal data held about them. This clause ensures compliance with data protection regulations, such as the GDPR, by establishing clear procedures for handling such requests within the required time frame.
Below are data subject access request clause templates tailored to various scenarios. Copy the one you need, customize it, and add it to your contract.
Standard data subject access request clause
This clause outlines the general process for handling DSARs.
The [receiving party] agrees to respond to any data subject access requests (DSARs) within [insert time frame, e.g., "30 days"] of receiving a request from an individual. The [disclosing party] will assist the [receiving party] in verifying the identity of the requester and providing the necessary personal data in accordance with applicable data protection laws. The [receiving party] will provide the requested information free of charge unless the request is excessive or manifestly unfounded.
Data subject access request process clause
This clause specifies the process for managing DSARs.
Upon receiving a data subject access request, the [receiving party] shall acknowledge receipt of the request within [insert time frame] and proceed to gather the requested personal data. The [receiving party] will respond by providing the data subject with a copy of their personal data and, if applicable, information regarding the processing purposes, categories of data, and data recipients, as required by law.
Data subject access request verification clause
This clause applies to the verification of the requester's identity.
The [receiving party] will verify the identity of the data subject making the access request before processing the request. If necessary, the [receiving party] may request additional information or documentation to confirm the identity of the individual, in line with applicable data protection regulations.
Data subject access request exemptions clause
This clause specifies exemptions from DSARs.
The [receiving party] may refuse to fulfill a data subject access request in cases where exemptions apply, such as when the request is manifestly unfounded, excessive, or when disclosure of the personal data would adversely affect the rights and freedoms of others. The [receiving party] will inform the data subject of the reason for refusal and any available options for challenging the decision.
Data subject access request timeframe clause
This clause ensures compliance with the required response time.
The [receiving party] agrees to respond to a data subject access request within [insert time frame, e.g., "30 calendar days"], unless an extension is required due to the complexity or number of requests. In such cases, the [receiving party] will notify the data subject of the extension within the initial time frame.
Data subject access request fulfillment clause
This clause outlines how the request will be fulfilled.
Upon receiving a valid data subject access request, the [receiving party] shall provide the data subject with a copy of their personal data in a commonly used electronic format, unless otherwise requested. The data will be provided at no cost, unless the request is deemed excessive or repetitive, in which case a reasonable fee may be charged.
Data subject access request refusal clause
This clause applies when the request is refused.
The [receiving party] may refuse to comply with a data subject access request if the requested information is exempt from disclosure under applicable data protection laws. If the request is refused, the [receiving party] will inform the data subject of the refusal and the reasons for it, and the data subject will be informed of their right to appeal or lodge a complaint with a supervisory authority.
Data subject access request record-keeping clause
This clause mandates record-keeping for DSARs.
The [receiving party] agrees to maintain a record of all data subject access requests and the actions taken in response to them. This record will be available for review by the [disclosing party] upon request to ensure compliance with applicable data protection regulations and internal policies.
Data subject access request notification clause
This clause applies to notifying affected parties of DSARs.
The [receiving party] will notify the [disclosing party] of any data subject access requests received and the action taken. The [disclosing party] will provide any additional necessary assistance to ensure that the request is properly fulfilled in compliance with data protection laws.
Data subject access request for third-party data clause
This clause applies when third-party data is involved.
If a data subject access request involves personal data belonging to third parties, the [receiving party] will assess whether the disclosure of such data is appropriate and lawful. The [receiving party] will redact or exclude third-party information where necessary to comply with applicable data protection laws.
Data subject access request and third-party processors clause
This clause applies when third-party processors are involved.
The [receiving party] agrees to coordinate with any third-party data processors engaged in the processing of personal data to ensure that data subject access requests are fulfilled. The [receiving party] will ensure that such processors cooperate and assist in providing the necessary personal data within the required time frame.
Data subject access request confirmation clause
This clause confirms the receipt of the request.
Upon receiving a data subject access request, the [receiving party] will confirm receipt of the request within [insert time frame, e.g., "48 hours"] and provide the data subject with an estimated time for the completion of the request. The [disclosing party] will be informed of the request and any actions taken.
Data subject access request processing clause
This clause outlines the processing of a request.
The [receiving party] agrees to process a data subject access request within the required time frame, ensuring that all personal data relating to the request is reviewed, collected, and provided to the data subject in accordance with applicable data protection laws. The [disclosing party] will be notified once the request has been completed.
Data subject access request appeal clause
This clause applies when a request is denied or challenged.
If the data subject’s access request is denied, the [receiving party] shall inform the data subject of their right to appeal the decision. The [disclosing party] will assist the data subject in initiating an appeal process and ensure compliance with any applicable regulations.
Data subject access request fee clause
This clause addresses any fees for processing the request.
The [receiving party] may charge a reasonable fee for processing a data subject access request if the request is excessive or manifestly unfounded. The fee will be calculated based on the administrative costs associated with fulfilling the request, and the data subject will be informed in advance of any charges.
Data subject access request duplicate request clause
This clause applies to handling repeated requests.
In the case of repeated or excessive data subject access requests, the [receiving party] reserves the right to refuse or charge a reasonable fee for fulfilling the request. The [receiving party] will notify the data subject of the decision and explain the reasoning for refusal or charges.
Data subject access request redaction clause
This clause applies when personal data needs to be redacted.
If a data subject access request involves personal data that is protected under applicable data protection laws, the [receiving party] will redact any information that is not subject to disclosure, such as third-party data, privileged information, or data that would violate the rights of others. The data subject will be informed of any redactions made.
Data subject access request tracking clause
This clause ensures tracking of the request status.
The [receiving party] agrees to track all data subject access requests, including the date received, the action taken, and the status of the request. This tracking system will be maintained to ensure compliance with applicable data protection laws and provide transparency to the [disclosing party].
Data subject access request data retention clause
This clause governs the retention of personal data.
The [receiving party] agrees to retain the personal data requested in the data subject access request for the minimum period required under applicable data protection laws. Once the request has been fulfilled and the data has been provided to the data subject, the data will be securely deleted or anonymized, unless retention is required for legal or contractual purposes.
Data subject access request international transfers clause
This clause applies to cross-border requests.
If a data subject access request involves the transfer of personal data to countries outside of the [disclosing party]'s jurisdiction, the [receiving party] will ensure that the transfer complies with applicable international data protection laws and safeguards are in place to protect the data subject’s rights.
Data subject access request amendment clause
This clause applies when the data needs to be corrected.
If the data subject access request reveals that any personal data held by the [receiving party] is inaccurate or incomplete, the [receiving party] agrees to promptly correct or update the data and notify the data subject of the changes made. The [disclosing party] will be informed of these amendments to ensure consistent data accuracy.
Data subject access request clarification clause
This clause applies when the request requires clarification.
If the data subject access request is unclear or insufficiently detailed, the [receiving party] may ask the data subject to clarify the request in order to provide the necessary information. The [receiving party] will provide guidance on the type of information needed to complete the request. The request will be processed once the clarification is received.
Data subject access request scope clause
This clause defines the scope of data subject requests.
The [receiving party] agrees to provide the data subject with all personal data held about them, subject to any applicable exceptions. This includes data collected during the term of the agreement and historical data that is still in possession of the [receiving party], unless the data is exempt from disclosure under data protection laws.
Data subject access request service interruption clause
This clause applies when fulfilling a request causes service disruption.
The [receiving party] will make reasonable efforts to fulfill a data subject access request without interrupting the services provided to the data subject. However, if fulfilling the request causes significant disruption to services, the [receiving party] will inform the data subject and agree on an alternative way to provide the requested data.
Data subject access request multiple requests clause
This clause applies when multiple requests are made.
If the data subject submits multiple access requests within a short time frame, the [receiving party] may combine the requests for efficiency, provided this does not cause delays in fulfilling the requests. The [receiving party] will notify the data subject of the consolidated request and any additional time needed to respond.
Data subject access request data portability clause
This clause applies to data portability.
If the data subject requests a copy of their personal data in a structured, commonly used, and machine-readable format, the [receiving party] agrees to provide the data in a manner that facilitates its transfer to another controller, as required by applicable data protection laws.
Data subject access request withdrawal clause
This clause applies when the data subject withdraws the request.
The data subject has the right to withdraw their request at any time before the requested data is provided. The [receiving party] will cease processing the request upon receiving written confirmation of withdrawal from the data subject.
Data subject access request processing delay clause
This clause applies to delays in processing requests.
If there is a delay in processing the data subject access request due to technical issues, complexities, or external factors, the [receiving party] will notify the data subject and provide a new estimated time frame for fulfilling the request. The delay will not exceed [insert time frame].
Data subject access request non-compliance clause
This clause applies if the request is not complied with.
If the [receiving party] is unable to fulfill a data subject access request for any reason, they will inform the data subject of the reasons for non-compliance and provide information on how the data subject may lodge a complaint with the relevant supervisory authority.
Data subject access request encryption clause
This clause applies when data is shared electronically.
If the data subject access request requires the provision of personal data electronically, the [receiving party] agrees to provide the data in an encrypted format to ensure the security and confidentiality of the data during transmission. The encryption method used will comply with industry standards.
Data subject access request verification of data accuracy clause
This clause applies to verifying the accuracy of data.
The [receiving party] will take reasonable steps to ensure that any personal data provided in response to a data subject access request is accurate and up to date. If any data is found to be inaccurate or incomplete, the [receiving party] will correct or complete the data and inform the data subject of the updates.
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.