The Privacy Disclosure Agreement is essential for organizations sharing personal data in the Netherlands, ensuring compliance with both Dutch privacy laws and the EU GDPR. This document becomes necessary when one party needs to disclose personal data to another for specific business purposes, such as service provision, data processing, or collaborative projects. It outlines crucial elements including data handling protocols, security requirements, breach notification procedures, and data subject rights. The agreement is particularly important given the Netherlands' strict interpretation and enforcement of privacy regulations, with oversight from the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). It helps organizations maintain compliance while facilitating necessary data sharing, reducing legal risks, and protecting data subjects' rights.
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1. Parties: Identification of the data controller/processor and the disclosing party, including their legal representatives and contact details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms used in the agreement, including 'Personal Data', 'Processing', 'Data Subject', etc.
4. Purpose of Disclosure: Specific purposes for which the personal data will be disclosed and processed
5. Scope of Disclosed Information: Categories of personal data to be disclosed and processed
6. Data Protection Obligations: Core obligations regarding data protection, including security measures, confidentiality, and compliance with GDPR
7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under GDPR
8. Security Measures: Technical and organizational measures required to protect the disclosed data
9. Breach Notification: Procedures and timelines for reporting data breaches
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Destruction of Data: Obligations regarding data handling upon termination
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data may be transferred outside the EEA, specifying transfer mechanisms and safeguards
2. Sub-processor Provisions: Needed when the receiving party may engage sub-processors to handle the data
3. Special Categories of Data: Required when processing sensitive personal data as defined in GDPR Article 9
4. Data Protection Impact Assessment: Needed for high-risk processing activities
5. Insurance Requirements: Specific insurance obligations for data protection, if required
6. Audit Rights: Detailed audit provisions when regular compliance verification is needed
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be disclosed
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures and controls
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles, if applicable
4. Schedule 4 - Data Processing Activities: Detailed description of processing activities and purposes
5. Appendix A - Contact Details: Contact information for key personnel and Data Protection Officers
6. Appendix B - Standard Contractual Clauses: If required for international transfers, EU-approved SCCs
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
E-commerce
Education
Insurance
Telecommunications
Marketing and Advertising
Human Resources
Research and Development
Consulting
Relevant Teams
Legal
Compliance
Information Security
Data Protection
Risk Management
Information Technology
Privacy
Governance
Operations
Information Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Privacy Analyst
Data Protection Manager
Compliance Officer
General Counsel
Chief Legal Officer
Information Governance Manager
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