Template Data Protection Clause

Data Protection Clause (GDPR-Ready)


This Data Protection Clause has been designed for use in a wide range of documents to assist with GDPR compliance. The clause states that you will use personal data in accordance with the GDPR and refers to a Privacy Notice in which full details are available.

This clause can be used alone or in combination with a Data Processing Clause. If one party is only collecting personal data from the other and using it (generally) for the purposes of the agreement or transaction in question, this clause alone should be sufficient. If, on the other hand, one party to the agreement is likely to be processing personal data on the other’s behalf (where the other is already a data controller for GDPR purposes), the Data Processing Clause should also be used.

This clause contains several form fields that you must complete with the appropriate details. Most of them are labelled “insert party name…” This refers to the names of the parties to the agreement or terms and conditions document that you wish to insert the clause into. If, for example, you are adding this to an agreement in which you are “the Company” and the second party is “the Client”, these are the names that should be entered into these fields.

The clause also makes reference to a Privacy Notice. Using the options included, either refer to where your privacy notice is available, or insert that notice as a schedule into the agreement you are amending, adding the appropriate reference to this clause.

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