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DATA PROCESSING AGREEMENT

This Data Processing Agreement ("DPA") is entered into as of March 1, 2024 (the "Effective Date"), by and between DataTech Solutions Ltd., a company incorporated under the laws of the United Kingdom ("Processor"), and European Healthcare Partners GmbH, a company incorporated under the laws of Germany ("Controller").

RECITALS

WHEREAS, the Controller engages the Processor to provide cloud-based patient management software services (the "Services"); and

WHEREAS, the pr

{
  "gdpr_clauses": [
    {
      "clause_type": "data_processing_agreement",
      "clause_text": "ARTICLE 3 - PROCESSOR OBLIGATIONS\n\n3.1 Compliance with Instructions. The Processor shall process personal data only on documented instructions from the Controller, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Union or Member State law to which the Processor is subject. In such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.",
      "gdpr_articles": [
        "Article 28(3)(a)"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "confidentiality",
      "clause_text": "3.2 Confidentiality. The Processor shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.",
      "gdpr_articles": [
        "Article 28(3)(b)"
      ],
      "adequacy_rating": "adequate",
      "missing_elements": []
    },
    {
      "clause_type": "security_measures",
      "clause_text": "3.3 Security Measures. Taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including as appropriate: (a) The pseudonymization and encryption of personal data (b) The ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services (c) The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident (d) A process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing",
      "gdpr_articles": [
        "Article 28(3)(c)",
        "Article 32"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "sub_processing",
      "clause_text": "3.4 Sub-processing. The Processor shall not engage another processor without prior specific or general written authorization of the Controller. In the case of general written authorization, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such changes.",
      "gdpr_articles": [
        "Article 28(2)",
        "Article 28(4)"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "data_subject_rights",
      "clause_text": "3.5 Assistance to Controller. The Processor shall assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR, including: (a) Right of access (Article 15) (b) Right to rectification (Article 16) (c) Right to erasure (Article 17) (d) Right to restriction of processing (Article 18) (e) Right to data portability (Article 20) (f) Right to object (Article 21)",
      "gdpr_articles": [
        "Article 28(3)(e)",
        "Articles 15-22"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": [
        "Right not to be subject to automated decision-making (Article 22) not explicitly mentioned"
      ]
    },
    {
      "clause_type": "breach_notification",
      "clause_text": "3.6 Data Breach Notification. The Processor shall notify the Controller without undue delay after becoming aware of a personal data breach. Such notification shall: (a) Describe the nature of the personal data breach including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned (b) Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained (c) Describe the likely consequences of the personal data breach (d) Describe the measures taken or proposed to be taken by the Processor to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects",
      "gdpr_articles": [
        "Article 28(3)(f)",
        "Article 33"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "dpia_assistance",
      "clause_text": "3.7 Data Protection Impact Assessment. The Processor shall provide reasonable assistance to the Controller with data protection impact assessments and prior consultations with supervisory authorities, where required under Articles 35 and 36 of the GDPR.",
      "gdpr_articles": [
        "Article 28(3)(f)",
        "Article 35",
        "Article 36"
      ],
      "adequacy_rating": "adequate",
      "missing_elements": []
    },
    {
      "clause_type": "data_deletion",
      "clause_text": "3.8 Deletion or Return. At the choice of the Controller, the Processor shall delete or return all the personal data to the Controller after the end of the provision of Services, and delete existing copies unless Union or Member State law requires storage of the personal data.",
      "gdpr_articles": [
        "Article 28(3)(g)"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "audit_rights",
      "clause_text": "3.9 Audit Rights. The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.",
      "gdpr_articles": [
        "Article 28(3)(h)"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    },
    {
      "clause_type": "international_transfers",
      "clause_text": "ARTICLE 4 - INTERNATIONAL TRANSFERS\n\n4.1 The Processor shall not transfer personal data to a third country or international organization unless authorized to do so by the Controller.\n\n4.2 Where transfers to third countries are authorized, the Processor shall ensure that appropriate safeguards are in place as required by Chapter V of the GDPR, including: (a) Standard Contractual Clauses approved by the European Commission (b) Binding Corporate Rules (c) An adequacy decision by the European Commission\n\n4.3 Current sub-processors located outside the EEA: (a) Amazon Web Services, Inc. (United States) - EU-US Data Privacy Framework certified (b) CloudBackup Services Pty Ltd (Australia) - Standard Contractual Clauses in place",
      "gdpr_articles": [
        "Article 28(3)(a)",
        "Chapter V (Articles 44-49)"
      ],
      "adequacy_rating": "comprehensive",
      "missing_elements": []
    }
  ],
  "parties": [
    "DataTech Solutions Ltd.",
    "European Healthcare Partners GmbH"
  ],
  "data_controller": "European Healthcare Partners GmbH",
  "data_processor": "DataTech Solutions Ltd.",
  "effective_date": "2024-03-01",
  "data_types": [
    "Identity data (names, date of birth, national identification numbers)",
    "Contact data (addresses, phone numbers, email addresses)",
    "Health data (medical records, diagnoses, treatment plans, prescriptions)",
    "Insurance data (policy numbers, coverage details)"
  ],
  "data_subjects": [
    "Patients of the Controller",
    "Healthcare professionals employed by or contracted with the Controller",
    "Emergency contacts and family members of patients"
  ],
  "processing_purposes": [
    "Storing and managing patient records",
    "Facilitating appointment scheduling",
    "Processing billing and insurance claims",
    "Generating anonymized statistical reports"
  ],
  "lawful_basis": [
    "Not explicitly stated - likely contractual necessity and legitimate interests"
  ],
  "international_transfers": {
    "present": true,
    "destinations": [
      "United States (Amazon Web Services)",
      "Australia (CloudBackup Services)"
    ],
    "safeguards": [
      "EU-US Data Privacy Framework",
      "Standard Contractual Clauses"
    ]
  },
  "overall_compliance_level": "compliant",
  "recommendations": [
    "Add explicit reference to lawful basis for processing under Article 6 GDPR",
    "Include specific provisions for Article 22 (automated decision-making) in data subject rights section",
    "Consider adding specific timelines for breach notification (e.g., within 24-48 hours)",
    "Add explicit provisions for handling special category data under Article 9"
  ]
}