The GDPRLocal Master Service Agreement and additional Terms herein govern our products, services and customer relationships.
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Last Update: 3 November 2026
This EU and UK Data Processing Agreement (“DPA”) supplements the agreement under which GDPRLocal provides the Services to Customer, whether the GDPRLocal Master Services Agreement or another signed agreement, mandate or order form (the “Agreement”) entered into by and between the customer signing this DPA (“Customer”) and GDPRLocal Ltd. with registered seat at 1st Floor Front Suite, 27-29 North Street, Brighton, England, BN1 1EB (the “Company”), on behalf of itself and its affiliates. By executing the DPA in accordance with Section 11 herein, Customer enters this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws (defined below), in the name and on behalf of its Affiliates (defined below). This DPA incorporates the terms of the Agreement, and any terms not defined in this DPA shall have the meaning outlined in the Agreement.
1.1 “Affiliate” means (i) an entity of which a party directly or indirectly owns fifty percent (50%) or more of the stock or other equity interest, (ii) an entity that owns at least fifty percent (50%) or more of the stock or other equity interest of a party, or (iii) an entity which is under common control with a party by having at least fifty percent (50%) or more of the stock or other equity interest of such entity and a party owned by the same person, but such entity shall only be deemed to be an Affiliate so long as such ownership exists.
1.2 “Authorized Sub-Processor” means a third-party who has a need to know or otherwise access Customer’s Personal Data to enable the Company to perform its obligations under this DPA or the Agreement, and who is either (1) listed in Exhibit B (4) or (2) subsequently authorized under Section 4.2 of this DPA.
1.3 “The Company Account Data” means personal data that relates to the Company’s relationship with Customer, including the names or contact information of individuals authorized by Customer to access Customer’s account and billing information of individuals that Customer has associated with its account. The Company Account Data also includes any data the Company may need to collect for the purpose of managing its relationship with Customer, identity verification, or as otherwise required by applicable laws and regulations.
1.4 “The Company Usage Data” means Service usage data collected and processed by the Company in connection with the provision of the Services, including without limitation data used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Services, and to investigate and prevent system abuse.
1.5 “Data Exporter” means Customer, except for Outbound Transfers under Section 6.7, where the Company or the relevant Representative Entity is the Data Exporter.
1.6 “Data Importer” means the Company, except for Outbound Transfers under Section 6.7, where Customer is the Data Importer.
1.7 “Data Protection Laws” means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of Personal Data including: (i) the California Consumer Privacy Act (“CCPA”), (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”) and the EU GDPR as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) (together, collectively, the “GDPR”), (iii) the Swiss Federal Act on Data Protection of 25 September 2020 (the “FADP”); (iv) the UK Data Protection Act 2018; (v) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (vi) the Singapore Personal Data Protection Act 2012 (the “PDPA”); and (vii) Regulation (EU) 2024/1689 laying down harmonized rules on artificial intelligence (the “EU AI Act”), to the extent it applies to the processing of Personal Data, including where the Company acts as Customer’s authorized representative under Article 22 or Article 54 of the EU AI Act; in each case, as updated, amended or replaced from time to time. The terms “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing”, “processor”, “controller”, and “supervisory authority” shall have the meanings set forth in the GDPR.
1.8 “DPO Communications” means requests, complaints and other communications, and any Personal Data contained in them, that individuals or supervisory authorities send to the Company in its capacity as Customer’s data protection officer.
1.9 “EU SCCs” means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time), as modified by Section 6.2 of this DPA.
1.10 “ex-EEA Transfer” means the transfer of Personal Data, which is processed in accordance with the GDPR, from the Data Exporter to the Data Importer (or its premises) outside the European Economic Area (the “EEA”), and such transfer is not governed by an adequacy decision made by the European Commission in accordance with the relevant provisions of the GDPR.
1.11 “ex-UK Transfer” means the transfer of Personal Data covered by Chapter V of the UK GDPR, which is processed in accordance with the UK GDPR and the Data Protection Act 2018, from the Data Exporter to the Data Importer (or its premises) outside the United Kingdom (the “UK”), and such transfer is not governed by an adequacy decision made by the Secretary of State in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018.
1.12 “Outbound Transfer” means a transfer of Personal Data from the Company or a Representative Entity to Customer, including Representative Communications, DPO Communications, and Personal Data contained in deliverables, reports, advice or other materials provided to Customer in the course of any Service.
1.13 “Representative Communications” means requests, complaints and other communications, and any Personal Data contained in them, that individuals or supervisory authorities send to a Representative Entity in relation to Customer.
1.14 “Representative Entity” means, where Customer has activated the relevant representative service: (i) Instant EU GDPR Representative Limited (Ireland), as Customer’s representative under Article 27 of the EU GDPR; (ii) GDPRLocal Ltd, as Customer’s representative under Article 27 of the UK GDPR; and (iii) ALTRION Sagl (Switzerland), as Customer’s representative under Article 14 of the FADP. Instant EU GDPR Representative Limited and ALTRION Sagl are independent partner entities and are not Affiliates of the Company.
1.15 “Services” shall have the meaning outlined in the Agreement.
1.16 “Standard Contractual Clauses” means the EU SCCs and the UK SCCs.
1.17 “UK SCCs” means the EU SCCs, as amended by the UK Addendum.
1.18 “UK Addendum” means the International Data Transfer Addendum to the EU SCCs issued by the Information Commissioner under section 119A of the Data Protection Act 2018 (version B1.0), as completed in Exhibit D.
2.1 The parties acknowledge and agree that regarding the processing of Personal Data, Customer may act either as a controller or processor and, except as expressly outlined in this DPA or the Agreement, the Company is a processor. Customer shall, in its use of the Services, at all times process Personal Data, and provide instructions for the processing of Personal Data, in compliance with Data Protection Laws. Customer shall ensure that the processing of Personal Data in accordance with Customer’s instructions will not cause the Company to be in breach of the Data Protection Laws. Customer is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to the Company by or on behalf of Customer, (ii) the means by which Customer acquired any such Personal Data, and (iii) the instructions it provides to the Company regarding the processing of such Personal Data. Customer shall not provide or make available to the Company any Personal Data in violation of the Agreement or otherwise inappropriate for the nature of the Services and shall indemnify the Company from all claims and losses in connection therewith.
2.2 The Company shall not process Personal Data (i) for purposes other than those set forth in the Agreement and/or Exhibit A, (ii) in a manner inconsistent with the terms and conditions set forth in this DPA or any other documented instructions provided by Customer, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by EU or Member State law, or the law of the United Kingdom or Switzerland, to which the Company is subject; in such a case, the Company shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest, or (iii) in violation of Data Protection Laws. Customer hereby instructs the Company to process Personal Data in accordance with the foregoing and as part of any processing initiated by Customer in its use of the Services. The subject matter, nature, purpose, and duration of this processing, as well as the types of Personal Data collected and categories of Data Subjects, are described in Exhibit A to this DPA.
2.3 Following completion of the Services, at Customer’s choice, the Company shall return or delete Customer’s Personal Data, unless further storage of such Personal Data is required or authorized by applicable law. If return or destruction is impracticable or prohibited by law, rule or regulation, the Company shall take measures to block such Personal Data from any further processing (except to the extent necessary for its continued hosting or processing required by law, rule or regulation) and shall continue to appropriately protect the Personal Data remaining in its possession, custody, or control. If Customer and the Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the certification of deletion of Personal Data that is described in Clause 8.1(d) and Clause 8.5 of the EU SCCs (as applicable) shall be provided by the Company to Customer only upon Customer’s request. Representative Communications and DPO Communications are held on the Company portal only to receive them and forward them to Customer. Six (6) months after a request is closed, the Company will notify Customer through the portal that the related files are to be deleted, so that Customer can download any copies it needs, and will then delete them from the portal. For all other Services, this Section 2.3 applies at the end of each engagement.
2.4 CCPA. Except with respect to the Company Account Data and the Company Usage Data, the parties acknowledge and agree that the Company is a service provider for the purposes of the CCPA (to the extent it applies) and is receiving personal information from Customer in order to provide the Services pursuant to the Agreement, which constitutes a business purpose. The Company shall not sell any personal information. The Company shall not retain, use, or disclose any personal information provided by Customer pursuant to the Agreement except as necessary for the specific purpose of performing the Services for Customer pursuant to the Agreement, or otherwise as outlined in the Agreement or as permitted by the CCPA. The terms “personal information,” “service provider,” “sale,” and “sell” are as defined in Section 1798.140 of the CCPA. The Company certifies that it understands the restrictions of Section 2.4.
2.5 DPO Services. Where the Company acts as Customer’s data protection officer under Article 37 of the GDPR, it processes Personal Data as Customer’s processor under this DPA. The Customer shall ensure that the Company does not receive any instructions regarding the exercise of the tasks set out in Article 39 GDPR (Article 38(3) GDPR). This does not affect the Customer’s instructions under Section 2.2 on the processing of Personal Data. The Company is bound by secrecy or confidentiality concerning the performance of those tasks, in accordance with applicable law (Article 38(5) GDPR). Nothing in this DPA limits the Company’s cooperation with, or its role as contact point for, supervisory authorities and Data Subjects (Articles 38(4) and 39(1)(d) and (e) GDPR).
3.1 The Company shall ensure that any person it authorizes to process Personal Data has agreed to protect Personal Data in accordance with the Company’s confidentiality obligations in the Agreement. Customer agrees that the Company may disclose Personal Data to its employees, contractors, professional advisers and auditors who are bound by confidentiality obligations, and to Authorized Sub-Processors in accordance with Section 4, in each case only as reasonably required in connection with the performance of its obligations under this DPA, the Agreement, or the provision of Services to Customer.
4.1 Customer acknowledges and agrees that the Company may (1) engage its Affiliates as well as the Authorized Sub-Processors on the List (defined below) to access and process Personal Data in connection with the Services and (2) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the processing of Personal Data. By way of this DPA, Customer provides general written authorization to the Company to engage sub-processors as necessary to perform the Services.
4.2 A list of the Company’s current Authorized Sub-Processors (the “List”) is listed in Exhibit B(4). Such List may be updated by the Company from time to time. The Company will provide a mechanism to regularly notify the Customer of new Authorized Sub-Processors. At least fifteen (15) days before enabling any third party other than existing Authorized Sub-Processors to access or participate in the processing of Personal Data, the Company will add such third party to the List and notify subscribers, including Customer, via the notifications. Customer may object to such an engagement by informing the Comany in writing within fifteen (15) days of receipt of the notice. Any such objection must be in writing and based on reasonable grounds relating to data protection. Customer acknowledges that certain sub-processors are essential to providing the Services, and that objecting to the use of a sub-processor may prevent the Company from offering the Services to Customer.
4.3 If Customer reasonably objects to an engagement in accordance with Section 4.2, and the Company cannot provide a commercially reasonable alternative within a reasonable period, Customer may discontinue the use of the affected Service by providing written notice to the Company. Discontinuation shall not relieve Customer of any fees owed to the Company under the Agreement.
4.4 If Customer does not object to the engagement of a third party in accordance with Section 4.2 within fifteen (15) days of notice by the Company, that third party will be deemed an Authorized Sub-Processor for this DPA.
4.5 The Company will enter into a written agreement with the Authorized Sub-Processor imposing on the Authorized Sub-Processor the same data protection obligations as those imposed on the Company under this DPA with respect to the protection of Personal Data. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such written agreement with the Company, the Company will remain liable to Customer for the performance of the Authorized Sub-Processor’s obligations under such agreement.
4.6 If Customer and the Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), (i) the above authorizations will constitute Customer’s prior written consent to the subcontracting by the Company of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the parties agree that the copies of the agreements with Authorized Sub-Processors that must be provided by the Company to Customer pursuant to Clause 9(c) of the EU SCCs may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by the Company beforehand, and that such copies will be provided by the Company only upon request by Customer.
4.7 AI tools. The Company’s employees may use the AI tools listed in Exibit B(4) to read, summarise and draft material for the Services. A person reviews every output before use, no AI tool sends anything or takes any action without human confirmation, and Customer’s Personal Data is not used to train AI models. Customer may, by written notice, require that its Personal Data is not processed using AI tools, in which case the Company will handle the material without them from five (5) business days after the notice.
5.1 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 Company shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing Personal Data. Exhibit C sets out additional information about the Company’s technical and organizational security measures.
6.1 The parties agree that the Company may transfer Personal Data processed under this DPA outside the EEA, the UK or Switzerland, as necessary to provide the Services. Customer acknowledges that the Company’s primary processing operations take place in the UK, and that the transfer of Customer’s Personal Data to the UK is necessary for the provision of the Services to Customer. If the Company transfers Personal Data protected under this DPA to a jurisdiction that is not covered by an adequacy decision under Data Protection Laws, the Company will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws. Transfers to Authorized Sub-Processors in such jurisdictions are made under the EU SCCs (Module Three) or, for ex-UK Transfers, the UK SCCs, supported by a transfer impact assessment. The location of, and transfer mechanism used for, each Authorized Sub-Processor is set out in Exhibit B(4). The company maintains transfer impact assessments for these transfers and will provide a summary on request.
6.2 Ex-EEA Transfers. The parties agree that ex-EEA Transfers are made pursuant to the EU SCCs, which are deemed entered into (and incorporated into this DPA by this reference) and completed as follows:
6.2.1 Module One (Controller to Controller) of the EU SCCs applies when the Company is processing Personal Data as a controller pursuant to Section 9 of this DPA.
6.2.2 Module Two (Controller to Processor) of the EU SCCs applies when Customer is a controller, and the Company is processing Personal Data for Customer as a processor pursuant to Section 2 of this DPA.
6.2.3 Module Three (Processor to Sub-Processor) of the EU SCCs applies when Customer is a processor, and the Company is processing Personal Data on behalf of Customer as a sub-processor.
6.3 For each module, where applicable the following applies:
6.3.1 The optional docking clause in Clause 7 does not apply.
6.3.2 In Clause 9, Option 2 (general written authorization) applies, and the minimum time period for prior notice of sub-processor changes shall be as set forth in Section 4.2 of this DPA;
6.3.3 In Clause 13: where Customer is established in an EU Member State, the first option applies; where Customer is not established in an EU Member State and has appointed Instant EU GDPR Representative Limited as its representative under Article 27(1) of the EU GDPR, the second option applies and the competent supervisory authority is the Data Protection Commission (Ireland); and in any other case, the third option applies;
6.3.4 In Clause 17 (Option 1), the EU SCCs will be governed by the law of Ireland.
6.3.5 In Clause 18(b), disputes will be resolved before the courts of Ireland;
6.3.6 Exhibit B to this DPA contains the information required in Annex I and Annex III of the EU SCCs;
6.3.7 Exhibit C to this DPA contains the information required in Annex II of the EU SCCs; and
6.3.8 By entering into this DPA, the parties are deemed to have signed the EU SCCs incorporated herein, including their Annexes.
6.4 Ex-UK Transfers. The parties agree that ex-UK Transfers are made pursuant to the UK SCCs, which are deemed entered into and incorporated into this DPA by reference, and amended and completed in accordance with the UK Addendum, which is incorporated herein as Exhibit D of this DPA.
6.5 Transfers from Switzerland. The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:
6.5.1 The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the FADP with respect to data transfers subject to the FADP.
6.5.2 Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Clause 13 shall be observed.
6.5.3 The term “EU Member State” as utilized in the EU SCCs shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from exercising their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.
6.6 Supplementary Measures. In respect of any ex-EEA Transfer or ex-UK Transfer, the following supplementary measures shall apply:
6.6.1 As of the date of this DPA, the Data Importer has not received any formal legal requests from any government intelligence or security service/agencies in the country to which the Personal Data is being exported, for access to (or for copies of) Customer’s Personal Data (“Government Agency Requests”);
6.6.2 If, after the date of this DPA, the Company receives any Government Agency Requests, the Company as data importer shall attempt to redirect the law enforcement or government agency to request that data directly from Customer. As part of this effort, the Company may provide Customer’s basic contact information to the government agency. If compelled to disclose Customer’s Personal Data to a law enforcement or government agency, the Company shall give Customer reasonable notice of the demand and cooperate to allow Customer to seek a protective order or other appropriate remedy unless the Company is legally prohibited from doing so. The Company shall not voluntarily disclose Personal Data to any law enforcement or government agency. Data Exporter and Data Importer shall (as soon as reasonably practicable) discuss and determine whether all or any transfers of Personal Data pursuant to this DPA should be suspended in the light of such Government Agency Requests; and
6.6.3 The Data Exporter and Data Importer will meet as needed to consider whether:
(i) the protection afforded by the laws of the country of the Data Importer to data subjects whose Personal Data is being transferred is sufficient to provide broadly equivalent protection to that afforded in the EEA or the UK, whichever the case may be;
(ii) additional measures are reasonably necessary to enable the transfer to be compliant with the Data Protection Laws; and
(iii) it is still appropriate for Personal Data to be transferred to the relevant Data Importer, taking into account all relevant information available to the parties, together with guidance provided by the supervisory authorities.
6.6.4 If either (i) any of the means of legitimizing transfers of Personal Data outside of the EEA or UK or Switzerland set forth in this DPA cease to be valid or (ii) any supervisory authority requires transfers of Personal Data pursuant to those means to be suspended, then Data Importer may by notice to the Data Exporter, with effect from the date set out in such notice, amend or put in place alternative arrangements in respect of such transfers, as required by Data Protection Laws.
6.7 Outbound Transfers. Where Customer is located in a country that is not covered by an adequacy decision under Data Protection Laws, the following applies to Outbound Transfers:
6.7.1 For Outbound Transfers, the Company or the relevant Representative Entity is the Data Exporter acting as processor, and Customer is the Data Importer acting as controller.
6.7.2 Where Customer is not subject to the EU GDPR or UK GDPR for the processing concerned, Outbound Transfers by Instant EU GDPR Representative Limited are made under the EU SCCs, Module Four (Processor to Controller), with the law and courts of Ireland under Clauses 17 and 18. Where the Personal Data was received by the Company or a Representative Entity from Customer, the parties rely on the exception in Section III of the EU SCCs for Module Four. Where it originates in Europe, the parties comply with Section III in full, including a transfer impact assessment.
6.7.3 Where Customer is subject to the EU GDPR or UK GDPR under Article 3(2), which applies to every Customer of the representative services, Customer is directly bound by the GDPR for this processing, and the European Commission has stated that the 2021 SCCs are not designed for importers in this position (Commission Q&A 24). Accordingly: [OPTION A: the parties agree to the Module Four clauses as binding contractual safeguards in addition to Customer’s direct obligations under the GDPR, supported by a transfer impact assessment, and will replace them with any standard contractual clauses the European Commission or the Information Commissioner adopts for this scenario within sixty (60) days of adoption; the Company does not represent that these clauses are an approved transfer mechanism for this scenario.] [OPTION B: Outbound Transfers rely on [the derogation(s) in Article 49(1) GDPR to be specified], as occasional transfers necessary for Customer to deal with the Communications concerned, with the Module Four clauses as contractual protections.
6.7.4 Outbound Transfers by the Company Ltd, whether as UK representative, as data protection officer or in providing consultancy, project, training or AI governance services, are made under the UK SCCs, Module Four, as completed in Exhibit D.
6.7.5 Transfers by ALTRION Sagl are made under the EU SCCs, Module Four, as modified by Section 6.4.
6.7.6 The information required by Annex I of the EU SCCs for these transfers is set out in Exhibit B(5), and the measures in Exhibit C apply to the Company and the Representative Entities.
6.7.7 Each Representative Entity enters into the Standard Contractual Clauses under this Section 6.7 by signing this DPA, and Customer’s acceptance of this DPA constitutes its signature as Data Importer.
6.7.8 Personal Data that Customer sends to the Company or a Representative Entity from outside the EEA, the UK and Switzerland is not a restricted transfer under the GDPR or the FADP, and Sections 6.2 to 6.5 apply to it only to the extent Data Protection Laws require.
7.1 The Company shall, to the extent permitted by law, notify Customer upon receipt, and, in any event, no later than three (3) business days, of a request by a Data Subject to exercise the Data Subject’s right of: access, rectification, erasure, data portability, restriction or cessation of processing, withdrawal of consent to processing, and/or objection to being subject to processing that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”). If the Company receives a Data Subject Request in relation to Customer’s data, the Company will forward such request to Customer and Customer will be responsible for responding to such request, unless otherwise agreed in the applicable Service Schedule. Customer is solely responsible for ensuring that approved Data Subject Requests for erasure, restriction or cessation of processing, or withdrawal of consent to processing of any Personal Data are communicated to the Company, and, if applicable, for ensuring that a record of consent to processing is maintained with respect to each Data Subject, unless otherwise agreed in the applicable Service Schedule.
7.2 The Company shall, at the request of the Customer, and taking into account the nature of the processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Customer in complying with Customer’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Customer is itself unable to respond without the Company’s assistance and (ii) the Company is able to do so in accordance with all applicable laws, rules, and regulations. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by the Company. Where Customer has activated a representative or data protection officer service, receiving and forwarding Representative Communications or DPO Communications forms part of that service and is not chargeable under this Section 7.2. Assistance provided under consultancy, project or training services is charged as set out in the applicable Service Schedule and the Rate Card.
8.1 The Company shall, taking into account the nature of the processing and the information available to them, provide Customer with reasonable cooperation and assistance where necessary for Customer to comply with its obligations under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance, provided that Customer does not otherwise have access to the relevant information. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by the Company.
8.2 The Company shall, taking into account the nature of the processing and the information available to them, provide Customer with reasonable cooperation and assistance with respect to Customer’s cooperation and/or prior consultation with any Supervisory Authority, where necessary and where required by the GDPR. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by the Company, unless otherwise agreed in the applicable Service Schedule.
8.3 The Company shall maintain records sufficient to demonstrate its compliance with its obligations under this DPA and retain such records for a period of one (1) year after the termination of the Agreement. Customer shall, on reasonable notice of no less than thirty (30) business days to the Company, have the right to review, audit and copy such records at the Company’s offices during regular business hours.
8.4 Upon Customer’s written request at reasonable intervals, and subject to reasonable confidentiality controls, the Company shall either (i) make available for Customer’s review copies of certifications or reports demonstrating the Company’s compliance with prevailing data security standards applicable to the processing of Customer’s Personal Data, or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Data Protection Laws, allow Customer’s independent third party representative to conduct an audit or inspection of the Company’s data security infrastructure and procedures that is sufficient to demonstrate the Company’s compliance with its obligations under Data Protection Laws, provided that (a) Customer provides reasonable prior written notice of any such request for an audit and such inspection shall not be unreasonably disruptive to the Company’s business; (b) such audit shall only be performed during business hours and occur no more than once per calendar year; and (c) such audit shall be restricted to data relevant to Customer. Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to the Company for any time expended for on-site audits. If Customer and the Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the audits described in Clause 8.9 of the EU SCCs shall be carried out in accordance with this Section 8.4.
8.5 The Company shall immediately and in any case no later than 72 hours after becoming aware, notify Customer if an instruction, in the the Company’s opinion, infringes Data Protection Laws.
8.6 In the event of a Personal Data Breach, the Company shall, without undue delay and in any case no later than 48 hours after becoming aware, inform Customer of the Personal Data Breach and take such steps as the Company in its sole discretion deems necessary and reasonable to remediate the Personal Data Breach (to the extent that remediation is within the Company’s reasonable control).
8.7 In the event of a Personal Data Breach, the Company shall, taking into account the nature of the processing and the information available to the Company, provide Customer with reasonable cooperation and assistance necessary for Customer to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data Subjects affected by such Personal Data Breach without undue delay.
8.8 Where a Personal Data Breach results from the actions or omissions of Customer, the Company shall still notify Customer under Section 8.6, but any remediation under Section 8.6 and assistance under Section 8.7 shall be at Customer’s cost. The Company’s obligation to report or respond to a Personal Data Breach under Sections 8.6 and 8.7 will not be construed as an acknowledgement by the Company of any fault or liability with respect to the Personal Data Breach.
The parties acknowledge and agree that with respect to the Company Account Data and the Company Usage Data, the Company is an independent controller, not a joint controller with Customer. The Company will process the Company Account Data and the Company Usage Data as a controller (i) to manage the relationship with Customer; (ii) to carry out the Company’s core business operations, such as accounting, audits, tax preparation and filing and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of the Services, and to prevent harm to Customer; (iv) for identity verification purposes; (v) to comply with legal or regulatory obligations applicable to the processing and retention of Personal Data to which the Company is subject; and (vi) as otherwise permitted under Data Protection Laws and in accordance with this DPA and the Agreement. The Company may also process the Company Usage Data as a controller to provide, optimize, and maintain the Services, to the extent permitted by Data Protection Laws. Any processing by the Company as a controller shall be in accordance with the Company’s privacy policy set forth at https://gdprlocal.com/terms/privacy-policy/
In the event of any conflict or inconsistency, the order of precedence will be: (1) the Standard Contractual Clauses (including, for ex-UK Transfers, the UK Addendum), on matters they expressly cover; (2) any Service Activation Record or other written amendment agreed with Customer, but only to the extent it expressly refers to and varies a provision of this DPA; (3) this DPA; and (4) the Agreement, in the order of precedence set out in it. the Company’s privacy policy applies only to the the Company’s processing as a controller under Section 9 and does not take precedence over any of the above. Any claims brought in connection with this DPA are subject to the exclusions and limitations of liability set out in the Agreement, except to the extent that those exclusions or limitations would limit either party’s liability to Data Subjects, or are otherwise not permitted, under the Standard Contractual Clauses or Data Protection Laws.
This Data Processing Agreement is incorporated into and forms an integral part of the Agreement. This DPA shall be deemed executed upon Customer’s acceptance or execution of the Agreement, shall commence on the same effective date as the Agreement, and shall remain in full force and effect for the duration of the Agreement, and for such additional period as is necessary for the Parties to perform their respective obligations following the termination or expiry of the Agreement, including with respect to the deletion or return of personal data. This DPA is identified by the version number and effective date shown at its head. The Company will give Customer at least fifteen (15) days notice of any change to this DPA.
Nature and Purpose of Processing: The Company will process Customer’s Personal Data as necessary to provide the Services under the Agreement, for the purposes specified in the Agreement and this DPA, and in accordance with Customer’s instructions as set forth in this DPA. The nature of processing includes, without limitation:
Purposes by Service:
Duration of Processing: The Company will process Customer’s Personal Data as long as required (i) to provide the Services to Customer under the Agreement; or (ii) by applicable law or regulation. The Company Account Data and the Company Usage Data will be processed and stored as set forth in the Company’s privacy policy. Representative Communications and DPO Communications are retained as set out in Section 2.3.
Categories of Data Subjects: Customer’s employees, consultants, contractors, and/or agents; individuals who submit data subject’s rights requests to a Representative Entity or to the Company as Customer’s data protection officer; staff of supervisory authorities who contact a Representative Entity or the Company about Customer; and individuals whose Personal Data appears in records, documents or systems that Customer makes available for the Services.
Categories of Personal Data: Customer may submit Personal Data to the Services, the categories of which will depend upon Customer’s use of the Services which is determined and controlled by Customer in its sole discretion, and it may include, but is not limited to names, surnames, phone number, business email address, contact information, address, roles and job titles, financial information, or any other information provided by individuals who submit data subject rights requests, the content of Representative Communications and DPO Communications, including identity verification material and supervisory authority case references; Personal Data contained in records of processing, data protection impact assessments, breach records, Data Subject Request files, contracts and other documents Customer provides for review; and names and contact details of training attendees. In addition, the Company Account Data and the Company Usage Data will be collected, processed, and stored in accordance with this DPA.
Sensitive Data or Special Categories of Data: No regular transfer of sensitive data is intended. However, if we are mandated to act on Custumer’s behalf through our services, we might need to transfer sensitive data involved, or an individual includes it unexpectedly in communication for exercising their data subject rights.
Frequency of Transfer: Continuous for the duration of the Services. Representative Communications and DPO Communications are transferred on an ad hoc basis, as they are received; other Personal Data is transferred as needed for each engagement.
The following includes the information required by Annex I and Annex III of the EU SCCs, and Table 1, Annex 1A, and Annex 1B of the UK Addendum.
Data exporter(s):
Name: As set out in the Agreement.
Trading Name (if different): As set out in the Agreement.
Address: As set out in the Agreement.
Official Registration Number (if any) (the Company number or similar identifier): As set out in the Agreement.
Contact person’s name, position and contact details: As set out in the Agreement.
Role (controller/processor): Controller or processor, as applicable under Section 6.2
Data importer(s):
Name: GDPRLocal Ltd
Trading Name (if different): GDPRLocal
Address: 1st Floor Front Suite, 27-29 North Street, Brighton, England, BN1 1EB
Official Registration Number (if any) (the Company number or similar identifier): 12969035 (England and Wales)
Contact person’s name, position and contact details: [email protected]; Data Protection Officer: Lejla Robeli
Role (controller/processor): Processor (controller for the Company Account Data and the Company Usage Data under Section 9)
For Outbound Transfers under Section 6.7, the Company or the relevant Representative Entity is the data exporter, and Customer is the data importer: see Exhibit B(5).
| Data Subjects | As described in Exhibit A of the DPA |
| Categories of Personal Data | As described in Exhibit A of the DPA |
| Special Category Personal Data (if applicable) | As described in Exhibit A of the DPA |
| Nature of the Processing | As described in Exhibit A of the DPA |
| Purposes of Processing | As described in Exhibit A of the DPA |
| Duration of Processing and Retention (or the criteria to determine such period) | As described in Exhibit A of the DPA |
| Frequency of the transfer | As described in Exhibit A of the DPA |
| Recipients of Personal Data Transferred to the Data Importer | Listed in the Exhibit B(4) of the DPA |
The competent supervisory authority is determined in accordance with Clause 13 of the EU SCCs as completed by Section 6.2. Where Customer is not established in the EEA and has appointed Instant EU GDPR Representative Limited as its representative, it is the Data Protection Commission (Ireland). For transfers subject to the FADP, it is the FDPIC. The supervisory authority for the purposes of the UK Addendum shall be the UK Information Commissioner’s Office.
| System/Application | Purpose |
|---|---|
| Microsoft | Email, productivity, collaboration |
| Azure | Cloud Provider |
| Email, document management, storage, collaboration tools, video conferencing | |
| Chargify | Invoicing and subscription administration |
| Calendly | Meeting and appointment scheduling |
| Docusign | Electronic signature and contract management |
| HubSpot | Customer relations management |
| Zoom | Virtual meetings and training sessions delivery |
| GDPRLocal DOOEL | Internal business operations, including receipt, logging and forwarding of Representative Communications and DPO Communications, and delivery of DPO, consultancy and project services. Location: North Macedonia. Transfer mechanism: EU SCCs (Module Three) and UK SCCs, with a transfer impact assessment. |
| Atlassian (JIRA, Confluence) | Tech and Product documentation management |
| Anthropic (Claude) | AI assistant used by the Company staff to read, summarise and draft documents and correspondence, with every output reviewed by a person before use. Location: United States. Transfer mechanism: EU SCCs and UK Addendum in Anthropic’s Data Processing Addendum. Customer content is not used to train models. |
| Composio, Inc. | Integration service connecting the AI assistant to the Company’s Google Workspace (Gmail, Calendar, Drive) to retrieve information and save drafts. Location: United States. Transfer mechanism: EU SCCs and UK Addendum. |
| Instant EU GDPR Representative Limited (partner entity, not an Affiliate) | EU representative under Article 27 of the EU GDPR, where activated. Location: Ireland. |
| ALTRION Sagl (partner entity, not an Affiliate) | Swiss representative under Article 14 of the FADP, where activated. Location: Switzerland. |
Data exporters: GDPRLocal Ltd (data protection officer, consultancy, project, training and AI governance services, and UK representative services) and the Representative Entities (EU and Swiss representative services). Role: Processor.
Data importer: Customer, as set out in the Agreement. Role: Controller.
Data subjects: individuals who contact a Representative Entity, or the Company as Customer’s data protection officer; staff of supervisory authorities; individuals whose Personal Data appears in deliverables, reports or advice provided to Customer.
Categories of Personal Data: identification and contact details; the content of the request, complaint or correspondence; identity verification material supplied by the individual; supervisory authority case references; Personal Data contained in deliverables, reports or advice provided to Customer.
Special category data: none intended. Any special category data an individual volunteers is forwarded as received and not otherwise processed.
Frequency: ad hoc, as communications are received.
Nature and purpose: receipt, logging and secure forwarding of communications to Customer, and the return of deliverables, to perform the representative function (Article 27 of the EU GDPR or the UK GDPR, or Article 14 of the FADP), the data protection officer function (Articles 37 to 39 of the GDPR), or consultancy, project, training and AI governance services.
Retention: as set out in Section 2.3.
Competent supervisory authority: not applicable to Module Four.
The data importer has implemented and shall maintain appropriate technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data, and to preserve the confidentiality, integrity, and availability of Personal Data processed on behalf of the Customer.
These measures include:
Personal Data is stored in an encrypted Microsoft SQL Server database hosted in a Microsoft Azure data center located in London, United Kingdom.
Access to Personal Data is provided only through the the Company’s internal platforms. Access is denied by default and granted only to authorized personnel on a need-to-know basis, including relevant teams where required. The Company applies role-based and user-based authentication controls to restrict access according to job responsibilities. Personnel of GDPRLocal DOOEL in North Macedonia access Personal Data remotely, subject to the same controls.
Appropriate logical access controls are enforced to ensure that access to Personal Data is limited in accordance with the Company’s organisational structure and functional responsibilities. The Company uses role-based permissions to assign different levels of access to employees based on their duties.
Multi-factor authentication is enforced for all administrative users accessing the Company portal.
Personal Data is encrypted both in transit and at rest. In addition, all computers used for business purposes are protected by encrypted hard drives.
The Company has established appropriate physical access controls across its locations to protect data assets. The Microsoft Azure data centers used by the Company are subject to robust physical security measures. Further information regarding Azure physical security is available in Microsoft’s published documentation.
The Company enters into data processing agreements with its authorized sub-processors that impose data protection against the same data protection obligations as those set out in this DPA.
The Company has adopted measures to ensure accountability, including the implementation of data protection and information security policies across the business, procedures for recording and reporting Personal Data Breaches, and the formal allocation of roles and responsibilities for information security and data privacy functions. The Company also conducts regular vendor assessments to evaluate compliance with its privacy and security standards.
The Company maintains a security program comprising administrative, organizational, technical, and physical safeguards reasonably designed to protect the Services and the confidentiality, integrity, and availability of Personal Data.
The Company performs regular data backups. Backup restoration is periodically tested in accordance with the Company’s information security and data management policies.
International Data Transfer Addendum to the EU Commission Standard Contractual Clauses
Table 1: Parties
| The Parties | Exporter | Importer |
|---|---|---|
| Start Date | This UK Addendum shall have the same effective date as the DPA | |
| Parties’ Details | Customer | GDPRLocal Ltd |
| Key Contact | See Exhibit B of this DPA | See Exhibit B of this DPA |
Table 2: Selected SCCs, Modules and Selected Clauses
| EU SCCs | The Version of the Approved EU SCCs which this UK Addendum is appended to as defined in the DPA and completed by Sections 6.2 and 6.3 of the DPA (Modules One to Three) and Section 6.7 of the DPA (Module Four). |
Table 3: Appendix Information
“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this UK Addendum is set out in:
| a) Annex 1A: List of Parties | b) As per Table 1 above |
| c) Annex 1B: Description of Transfer | d) See Exhibit B of this DPA |
| e) Annex II: Technical and organizational measures including technical and organizational measures to ensure the security of the data: | f) See Exhibit C of this DPA |
| g) Annex III: List of Sub processors (Modules 2 and 3 only): | h) See Exhibit B of this DPA |
Table 4: Ending this UK Addendum when the Approved UK Addendum Changes
| Ending this UK Addendum when the Approved UK Addendum changes | ☒ Importer ☐ Exporter ☒ Neither Party |
Entering into this UK Addendum:
1. Each party agrees to be bound by the terms and conditions set out in this UK Addendum, in exchange for the other party also agreeing to be bound by this UK Addendum.
2. Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making ex-UK Transfers, the Parties may enter into this UK Addendum in any way that makes them legally binding on the Parties and allows data subjects to enforce their rights as set out in this UK Addendum. Entering into this UK Addendum will have the same effect as signing the Approved EU SCCs and any part of the Approved EU SCCs.
Interpretation of this UK Addendum
3. Where this UK Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the Approved EU SCCs. In addition, the following terms have the following meanings:
| UK Addendum | means this International Data Transfer Addendum incorporates the EU SCCs, attached to the DPA as Exhibit D. |
| EU SCCs | means the version(s) of the Approved EU SCCs which this UK Addendum is appended to, as set out in Table 2, including the Appendix Information |
| Appendix Information | shall be as set out in Table 3 |
| Appropriate Safeguards | means the standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making an ex-UK Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR. |
| Approved UK Addendum | means the template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as may be revised under Section 18 of the UK Addendum. |
| Approved EU SCCs | means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time). |
| ICO | means the Information Commissioner of the United Kingdom. |
| ex-UK Transfer | shall have the same definition as set forth in the DPA. |
| UK | means the United Kingdom of Great Britain and Northern Ireland |
| UK Data Protection Laws | means all laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018. |
| UK GDPR | shall have the definition set forth in the DPA. |
4. The UK Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfills the Parties’ obligation to provide the Appropriate Safeguards.
5. If the provisions included in the UK Addendum amend the Approved EU SCCs in any way which is not permitted under the Approved EU SCCs or the Approved UK Addendum, such amendment(s) will not be incorporated in the UK Addendum and the equivalent provision of the Approved EU SCCs will take their place.
6. If there is any inconsistency or conflict between UK Data Protection Laws and the UK Addendum, UK Data Protection Laws will apply.
7. If the meaning of the UK Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK Data Protection Laws applies.
8. Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) may change over time. This includes where that legislation (or specific provision) has been consolidated, re-enacted and/or replaced after the UK Addendum has been entered into.
Hierarchy
9. Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between the parties, the parties agree that, for ex-UK Transfers, the hierarchy in Section 10 below will prevail.
10. Where there is any inconsistency or conflict between the Approved UK Addendum and the EU SCCs (as applicable), the Approved UK Addendum overrides the EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of the EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved UK Addendum.
11. Where this UK Addendum incorporates EU SCCs which have been entered into to protect ex-EU Transfers subject to the GDPR, then the parties acknowledge that nothing in the UK Addendum impacts those EU SCCs.
Incorporation and Changes to the EU SCCs:
12. This UK Addendum incorporates the EU SCCs which are amended to the extent necessary so that:
13. Unless the parties have agreed on alternative amendments which meet the requirements of Section 12 of this UK Addendum, the provisions of Section 15 of this UK Addendum will apply.
14. No amendments to the Approved EU SCCs other than to meet the requirements of Section 12 of this UK Addendum may be made.
15. The following amendments to the EU SCCs (for the purpose of Section 12 of this UK Addendum) are made:
Amendments to the UK Addendum
16. The parties may agree to change Clauses 17 and/or 18 of the EU SCCs to refer to the laws and/or courts of Scotland or Northern Ireland.
17. If the parties wish to change the format of the information included in Part 1: Tables of the Approved UK Addendum, they may do so by agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.
18. From time to time, the ICO may issue a revised Approved UK Addendum which:
The revised Approved UK Addendum will specify the start date from which the changes to the Approved UK Addendum are effective and whether the parties need to review this UK Addendum including the Appendix Information. This UK Addendum is automatically amended as set out in the revised Approved UK Addendum from the start date specified.
19. If the ICO issues a revised Approved UK Addendum under Section 18 of this UK Addendum, if a party will as a direct result of the changes in the Approved UK Addendum have a substantial, disproportionate and demonstrable increase in:
and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial and disproportionate, then that party may end this UK Addendum at the end of a reasonable notice period, by providing written notice for that period to the other party before the start date of the revised Approved UK Addendum.
20. The parties do not need the consent of any third party to make changes to this UK Addendum, but any changes must be made in accordance with its terms.