Revision to our Data Processing Agreement for the new Standard Contractual Clauses

sotoole
by: HubSpot Employee
HubSpot Employee

 

We have updated the July 19, 2021 Data Processing Agreement (DPA) which forms part of our Customer Terms of Service. Here’s some information on what's changed:  

 

  • We have updated our agreement to include the new Standard Contractual Clauses ((EU) 2021/914 of 4 June 2021) which is now Annex 4 to our DPA (new SCCs), we have also updated Annex 1 (Details of Processing) to accommodate the new SCCs;
  • We have modified the ‘Controller Instructions’, the ‘Sub-Processor’ and the ‘Objection to New Sub-Processors” sections of our DPA to align with the commitments we make in the new SCCs. We have also added a new section on ‘Sub-Processor’ Agreements;
  • We have added a new section (D) to the ‘Transfer Mechanisms for Data Transfers’ section of our DPA as a back-up for UK data transfers until the UK formally approves the new SCCs;
  • We have simplified the ‘Permitted Affiliates' section of our DPA and specifically referenced the SCCs to avoid any ambiguity;
  • We have included two additional Sub-Processors for HubSpot Affiliates based in the UK and Canada.

 

We’ve also made some drafting clean-ups and clarifications throughout our DPA. Please remember that this is just an informal, high-level summary of the most recent changes to our terms, and that you should always make sure you’ve read and understood the complete Customer Terms of Service before you use our software or services.