Data processing addendum (processor-sub-processor)

A pre-existing contract may be rendered compliant with the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) - and/or the GDPR as incorporated into UK law - using this data processing addendum.

Under the GDPR, contracts between "processors" of personal data and their "sub-processors" must contain a set of provisions designed to promote privacy and security. For instance, processors must only process personal data at the direction of their controllers, and it follows that sub-processors must only process at the direction of the processors who supply the data.

This addendum should not be used to amend agreements involving the transfer of personal data from a controller to a processor - we have a distinct template for that situation.

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Data processing addendum (processor-sub-processor) contents

Definitions: definitions.
This Addendum
and
the Agreement
:
Addendum
varies
Agreement
; provisions of
Agreement
ceasing to have effect; definitions in
Agreement
; limitations of liability in contract apply to document.
Data protection: compliance with data protection laws; warranty of
Processor
's right to disclose personal data (GDPR); details of personal data processed by
the Sub-Processor
(GDPR); purposes of processing of personal data by
the Sub-Processor
(GDPR); duration of personal data processing by
Sub-Processor
(GDPR); personal data processed by
Sub-Processor
on instructions (GDPR); authorised international transfers of personal data (GDPR); informing
Processor
of illegal instructions (GDPR); personal data processed by
Sub-Processor
as required by law (GDPR); confidentiality obligations on
Sub-Processor
persons processing personal data (GDPR); security of personal data processed by
Sub-Processor
(GDPR); appointment of sub-processor by
Sub-Processor
(GDPR); authorisation for
Sub-Processor
to appoint sub-processors (GDPR);
Sub-Processor
to assist with exercise of data subject rights (GDPR);
Sub-Processor
to assist with compliance (GDPR); obligation to notify
Processor
of personal data breach (GDPR);
Sub-Processor
to provide data protection compliance information (GDPR); deletion of personal data by
Sub-Processor
(GDPR);
Sub-Processor
to allow audit (GDPR); changes to data protection law.
Surviving provisions: surviving provisions upon termination.

SCHEDULE 1 (DATA PROCESSING INFORMATION)

Categories of data subject: prompt for categories of data subject.
Types of Personal Data: prompt for types of personal data.
Purposes of processing: prompt for personal data processing purposes.
Security measures for Personal Data: prompt for security measures for personal data.
Sub-processors of Personal Data: prompt for identifying sub-processors of personal data.

SCHEDULE 2 (STANDARD CONTRACTUAL CLAUSES)

Prompt for standard contractual clauses.

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Version	1.3
First published	25 Jun 2018
Last updated	23 Jan 2023
Law	English law and EU law
Language	English (UK)
^†Word count	3,841
^†Template pages	6

† These figures are approximations.

Privacy law Data protection law Software services Agreement

Data processing addenda

Data processing addendum (controller-processor)

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Sub-licences permitted	None	1	5	25
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Data processing addendum (processor-sub-processor)

A pre-existing contract may be rendered compliant with the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) - and/or the GDPR as incorporated into UK law - using this data processing addendum.

Data processing addendum (processor-sub-processor) contents

Data processing addenda

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