Data Privacy Agreement
This Data Privacy Agreement is made on this day [DATE], by and between [YOUR NAME], hereinafter referred to as the "Data Controller," and [CUSTOMER NAME], hereinafter referred to as the "Customer."
1. OBJECTIVE
The objective of this agreement is to define the terms for the processing of personal data from the Data Controller to the Customer, thereby informing how the Customer should handle and secure such data. The agreement also lays out the operational measures necessary to ensure the privacy and security of the data during its transit and storage.
2. DURATION AND TERMINATION
This agreement shall remain in effect until terminated by either party with a prior written notice of 30 days. Termination shall not affect any rights or obligations accrued before the termination and shall not relieve the Customer of its obligations regarding the confidentiality of the data processed.
3. DATA PROCESSING
The Customer shall ensure that it has in its possession the appropriate legal authority to process the personal data provided. Furthermore, the Customer shall implement and maintain all necessary measures to protect against unauthorized access, illegal processing, or damage to personal data.
4. SECURITY
The Customer shall implement security measures sufficient to protect personal data from unauthorized access, disclosure, alteration, or destruction. These measures will include, but are not limited to, physical security, network security, and process security protocols that meet or exceed industry standards.
5. DATA BREACH
In case of any breach or suspected breach of security leading to the accident or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, the Customer shall without undue delay notify the Data Controller, and cooperate to mitigate potential impacts.
6. AUDITS AND ASSESSMENTS
The Customer agrees to allow audits, inspections, or assessments by the Data Controller or authorized third parties to verify compliance with the terms of this agreement and applicable data protection laws. Such audits may include assessments of technical and organizational measures implemented by the Customer to ensure data security and privacy.
7. INTERNATIONAL TRANSFERS
If personal data is transferred to countries outside the European Economic Area (EEA) or other regions with specific data protection requirements, the Customer shall ensure that such transfers comply with applicable data protection laws. This may include implementing appropriate safeguards, such as standard contractual clauses or binding corporate rules.
8. INDEMNIFICATION
The Customer agrees to indemnify and hold harmless the Data Controller from and against any claims, damages, liabilities, or expenses arising out of or related to the Customer's breach of its obligations under this agreement, including but not limited to breaches of data protection laws or failure to implement adequate security measures.
9. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed following the laws of [Jurisdiction]. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
This Agreement is binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns.
[YOUR NAME]
[DATE SIGNED]
[CUSTOMER NAME]
[DATE SIGNED]
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