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Can anyone suggest resources we can use to establish terms and conditions for our users/customers who sign-up for app and web systems? Ideally resources that help us ensure EU GDPR (and any other relevant data/privacy law) compliance.

J
Written by Jasmine Sunga
Updated over 5 years ago

Basically you need a privacy policy and changes to your terms. Best to get a lawyer to help you. There are self-service resources, but these will not be good enough

One option is to have a lawyer specialized in GDPR to do an audit of your current setup and they’ll give you a list of fixes. Might be less expensive than having a lawyer do all the work for you. Germany has strict national laws regarding privacy, so copying and modifying for example Bosch privacy policy, etc. is a fairly safe bet. At least for European companies GDPR goes far beyond just privacy policy and terms, so be prepared for a lot of work if you need to really comply with all the regulations.

Copying German companies is definitely overkill, but I know companies that have switched from a US provider to a European one just because of poor GDPR compliance, so if you have a large potential market in EU, it’s important to be fully compliant.

Iit is a rabbit hole, and if you are not careful, it can suck a lot of resources and time. Depending on whether you have a strong EU base of customer and the risk, you may decide how far you want to go. I would recommend just starting with the privacy policy and DPA (Data Processing Agreement). For the DPA there are EU model clauses that you can use as a template, so you can just take those and avoid having to redraft or go under the privacy shield.

Perkins Coie has a good GDPR team

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