Standard Contractual Clauses for Processors
Version 2.0
Effective Date: 2 June 2026
This Data Processing Agreement, including its Annexes, applies where Staffbeat ApS processes personal data on behalf of a customer in connection with the Staffbeat platform and related services. It is intended to form part of the agreement between Staffbeat ApS and the customer, unless otherwise agreed in writing.
Processor: Staffbeat ApS, Frydenlundsvej 30, 2950 Vedbæk, Denmark, CVR No. 44544814
Contact: support@staffbeat.net
Primary processing region: European Economic Area (EEA), with hosting primarily in AWS Sweden (eu-north-1)
Subprocessor list: A current list of authorised subprocessors is available on Staffbeat’s website and may be updated in accordance with this Agreement.
SECTION I – Clause 1 – Purpose and scope
a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.
c) These Clauses apply to the processing of personal data as specified in Annex II.
d) Annexes I to V are an integral part of the Clauses.
e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679.
f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679.
Clause 2 – Invariability of the Clauses
a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
Clause 3 – Interpretation
a) Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
Clause 4 – Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 5 – Docking clause
Intentionally omitted.
SECTION II – Clause 6 – Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.
Clause 7 – Obligations of the Parties
7.1 Instructions
a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 or the applicable Union or Member State data protection provisions.
7.2 Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.
7.3 Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Annex II.
7.4 Security of processing
a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.5 Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (sensitive data), the processor shall apply specific restrictions and/or additional safeguards as set out in Annex II and Annex III.
7.6 Documentation and compliance
a) The Parties shall be able to demonstrate compliance with these Clauses.
b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, once per calendar year, unless there are reasonable grounds to suspect non-compliance or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
d) Such audits shall, as a primary step, be conducted by means of questionnaires, documentation review, security summaries, certifications or written declarations provided by the processor. On-site inspections may only be carried out in exceptional cases where written documentation is insufficient, and always subject to reasonable prior notice, confidentiality obligations and during normal business hours.
e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.
7.7 Use of sub-processors
a) The processor has the controller’s general authorisation for the engagement of sub-processors as described in Annex IV and the current subprocessor list made available on Staffbeat’s website. Staffbeat shall inform the controller of material intended changes to that list through the addition or replacement of sub-processors with reasonable notice, thereby giving the controller sufficient time to raise any concerns. The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object and assess such changes.
b) Where the processor engages a sub-processor for carrying out specific processing activities on behalf of the controller, it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and Regulation (EU) 2016/679.
c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secrets or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
e) The processor shall agree appropriate third party beneficiary rights or equivalent safeguards with the sub-processor where required by applicable data protection law.
7.8 International transfers
a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679.
b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7 for carrying out specific processing activities on behalf of the controller and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the European Commission in accordance with Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.
Clause 8 – Assistance to the controller
a) The processor shall promptly notify the controller of any request it has received from a data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations, the processor shall comply with the controller’s instructions.
c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
(1) the obligation to carry out a data protection impact assessment where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
(2) the obligation to consult the competent supervisory authority/ies prior to processing where required under applicable data protection law;
(3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
(4) the obligations in Article 32 of Regulation (EU) 2016/679.
d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and extent of the assistance required.
e) The processor’s assistance under this Clause shall be limited to what is reasonably required, taking into account the nature of the processing and the information available to the processor. Assistance beyond the standard functionality of the Staffbeat platform may be subject to the additional provisions in Annex V.
Clause 9 – Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller so that the controller may comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679, where applicable, taking into account the nature of processing and the information available to the processor.
9.1 Data breach concerning data processed by the controller
In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller in notifying the competent supervisory authority/ies and, where required, communicating the breach to data subjects, in each case in accordance with Regulation (EU) 2016/679 and based on information available to the processor.
9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after becoming aware of the breach and, where feasible, within seventy-two (72) hours. The notification shall contain the information available to the processor at the time, including the nature of the breach, the categories and approximate number of data subjects and records concerned where possible, likely consequences, measures taken or proposed, and the details of a contact point where more information can be obtained. Where it is not possible to provide all information at the same time, information may be provided in phases without undue delay.
The designated contact point for personal data breaches and security-related notices is support@staffbeat.net.
SECTION III – Clause 10 – Non-compliance with the Clauses and termination
a) Without prejudice to any provisions of Regulation (EU) 2016/679, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the processor complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller if it is unable to comply with these Clauses, for whatever reason.
b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
(1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
(2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679;
(3) the processor fails to comply with a binding decision of a competent court or competent supervisory authority regarding its obligations pursuant to these Clauses or Regulation (EU) 2016/679.
c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1(b), the controller insists on compliance with the instructions.
d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or return all personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Unless otherwise agreed or required by applicable law, such return or deletion shall take place within ninety (90) days following termination of the services. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.
ANNEX I – List of parties
Controller(s)
The controller is the legal entity that enters into the Main Agreement or other applicable agreement with Staffbeat ApS for use of the Staffbeat platform and determines the purposes and means of processing personal data within the platform.
Name: The Customer as identified in the Main Agreement or order form.
Address: As identified in the Main Agreement or order form.
Contact person: As identified by the Customer or otherwise notified to Staffbeat.
Signature and accession date: As set out in the Main Agreement, order form or other written acceptance of these Clauses.
Processor(s)
Name: Staffbeat ApS
Address: Frydenlundsvej 30, 2950 Vedbæk, Denmark
CVR No.: 44544814
Contact person’s name, position and contact details: Claus Hornbaek Nielsen, Chief Executive Officer, support@staffbeat.net
Signature and accession date: As set out in the Main Agreement, order form or other written acceptance of these Clauses.
ANNEX II – Description of the processing
Categories of data subjects whose personal data is processed
Employees, workers, contractors, consultants, administrators and other authorised users of the Customer who access or are otherwise represented in the Staffbeat platform. Depending on the Customer’s configuration and use of the platform, this may include deskless workers, managers, HR personnel, communications personnel and other workforce groups.
Categories of personal data processed
The personal data processed may include, but is not limited to:
· Identification data, such as name, employee ID, username or similar identifiers.
· Contact details, such as email address, telephone number or workplace contact information.
· Employment and organisational information, such as job title, department, role, location, team, employment status or organisational affiliation.
· User account and profile information, such as login credentials, access rights, profile photo, preferences and language settings.
· User-generated content and communication data, such as posts, comments, messages, reactions, uploaded files, images, documents and other content submitted or shared through the platform.
· Learning, training and certification information, such as course progress, assessment results, completion status and certificates.
· Survey, feedback and engagement information, such as survey responses, polls, forms, acknowledgements and engagement-related data.
· Usage, log and technical data, such as timestamps, device information, browser information, IP address, event logs, security logs and activity data.
· Any other personal data uploaded, submitted or otherwise processed by the Customer or its authorised users through the Staffbeat platform.
The above list is non-exhaustive and reflects the categories of personal data that may be processed as part of the services provided under the Main Agreement.
Sensitive data processed and applied restrictions or safeguards
The Staffbeat platform is not intended for the routine processing of special categories of personal data or data relating to criminal convictions and offences. Such data may only be processed if uploaded, submitted or otherwise made available by the Customer or its authorised users, or if a feature or use case configured by the Customer involves such data. Where such data is processed, Staffbeat shall apply appropriate safeguards, including access restrictions, confidentiality obligations, logging, encryption in transit and at rest where applicable, and other technical and organisational measures described in Annex III.
Nature of the processing
The processing consists of collecting, receiving, hosting, storing, organising, structuring, displaying, transmitting, retrieving, consulting, using, making available, securing, deleting and otherwise processing personal data as necessary to provide the Staffbeat platform and related services.
Purpose(s) for which the personal data is processed on behalf of the controller
The processor shall process personal data on behalf of the controller solely for the purpose of providing access to and operating the Staffbeat platform and related services, as described in the Main Agreement. This includes workforce communication, engagement, collaboration, learning, surveys, feedback, forms, user administration, support, security, maintenance and service improvement directly related to the platform.
Where AI-powered features are enabled by the Customer, personal data may also be processed for the purpose of providing such functionality, including but not limited to translation, content generation, summarisation, search assistance, communication support and other AI-assisted services available through the Staffbeat platform from time to time.
Location
Processing of personal data will primarily take place within the European Economic Area (EEA). Staffbeat currently uses Amazon Web Services (AWS) data centres located in Sweden (eu-north-1) for primary hosting of the Staffbeat platform. Staffbeat may utilise additional data centre locations or cloud regions where necessary for operational, security, resilience or service-related purposes, provided that such processing remains compliant with applicable data protection laws and that the Customer is informed in accordance with the provisions regarding sub-processors and international transfers set out in this Agreement.
Duration of the processing
Processing shall continue for as long as Staffbeat provides the services to the controller under the Main Agreement. Following termination of the services, personal data shall be returned or deleted in accordance with Clause 10(d), Annex V and the Main Agreement, unless applicable law requires continued storage.
For processing by sub-processors
Please refer to Annex IV and Staffbeat’s current subprocessor list made available on Staffbeat’s website.
ANNEX III – Technical and organisational measures
Staffbeat shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. The measures below are applied taking into account the nature, scope, context and purposes of processing and the risk to the rights and freedoms of natural persons.
General security measures
· Personnel with access to personal data are subject to confidentiality obligations.
· Personnel with access to personal data are required to follow internal policies for IT security and data protection.
· Access to production systems and personal data is limited to authorised personnel with a need to know.
· Staffbeat uses role-based access controls and individual user accounts for administrative access.
· Security practices are reviewed and improved as the platform and risk landscape develop.
Encryption and secure transmission
· Personal data is protected during transmission using appropriate encryption, such as TLS.
· Personal data stored in cloud infrastructure is protected by encryption at rest where supported by the relevant cloud service.
· Administrative access is protected by appropriate authentication controls.
Confidentiality, integrity, availability and resilience
· Staffbeat uses cloud infrastructure designed to provide appropriate availability and resilience.
· Backups and recovery processes are maintained to support continuity and restoration where necessary.
· Procedures are maintained to help protect against unauthorised access, alteration, disclosure, destruction or loss of personal data.
· Monitoring and error-tracking services may be used to identify operational issues and security-relevant events.
Logging and monitoring
· Access to relevant systems is logged where technically feasible and appropriate.
· Operational logs may be used for security, troubleshooting, audit and service integrity purposes.
· Access rights are reviewed periodically or when roles change.
Assistance with rights of data subjects
Staffbeat shall provide the controller with functionality reasonably required to support the exercise of data subject rights under applicable data protection laws. To the extent such assistance can be provided through the standard functionality of the Staffbeat platform, it shall be provided without additional charge.
Any assistance requested by the controller beyond the standard functionality of the platform, including extensive manual work, customised reporting, legal assessments, consultancy services or exceptional export assistance, may be charged at Staffbeat’s then-current professional services rates, unless otherwise agreed in writing.
Assistance with personal data breaches
In the event of a personal data breach concerning data processed by Staffbeat as processor, Staffbeat shall notify the controller without undue delay and, where feasible, within seventy-two (72) hours after becoming aware of the breach. The notification shall include information available to Staffbeat at the time, including:
· Information about the breach, including time, place/system and likely cause where known.
· When the breach started and when it was discovered, where known.
· Whether and when the breach has been contained or stopped, where known.
· The nature of the breach, including whether it concerns confidentiality, integrity or availability.
· The categories and approximate number of data subjects affected, where possible.
· The categories and approximate number of personal data records affected, where possible.
· Name and contact information of the contact point where further information can be obtained: support@staffbeat.net.
· The likely consequences of the breach, where known.
· Measures taken or proposed to address the breach and mitigate possible adverse effects.
Where it is not possible to provide all information at the same time, Staffbeat may provide the information in phases without undue delay.
ANNEX IV – Authorised Sub-Processors
The controller authorises Staffbeat to engage sub-processors in accordance with Clause 7.7 of these Clauses.
The current list of authorised sub-processors is available at:
https://staffbeat.net/sub-processors
The list may be updated from time to time in accordance with Clause 7.7 of these Clauses.
For each authorised sub-processor, Staffbeat will make available information regarding:
· Name of the sub-processor
· Purpose of processing
· Processing location(s)
· Applicable transfer safeguards, where relevant
Staffbeat shall ensure that all authorised sub-processors are subject to written contractual obligations providing a level of protection for personal data substantially equivalent to that required under these Clauses.
Each sub-processor acts only on Staffbeat’s documented instructions or the documented instructions passed through Staffbeat.
Staffbeat remains fully responsible towards the controller for the performance of the sub-processor’s data protection obligations as required under these Clauses.
ANNEX V – Additional provisions
Audits
The controller may audit Staffbeat’s compliance with this Data Processing Agreement once per calendar year, unless there are reasonable grounds to suspect non-compliance or if there are indications of non-compliance. Such audits shall, as a primary step, be conducted by means of questionnaires, documentation review, security summaries, certifications or written declarations. On-site inspections may only be carried out in exceptional cases where written documentation is insufficient, and always subject to reasonable prior notice, confidentiality obligations and during normal business hours. The Parties shall each bear their own costs relating to such audits, unless otherwise agreed in writing.
Assistance and professional services
The processor’s assistance to the controller under these Clauses is included in the remuneration under the Main Agreement to the extent such assistance can reasonably be provided through the standard functionality of the Staffbeat platform or through ordinary support. Assistance requested by the controller beyond standard functionality or ordinary support, including extensive manual work, customised reporting, legal assessments, technical consultancy, exceptional export assistance or participation in extensive security or compliance reviews, may be charged at Staffbeat’s then-current professional services rates, unless otherwise agreed in writing.
Return and deletion after termination
Unless otherwise agreed in writing, return or deletion of personal data following termination of the services shall take place within ninety (90) days following termination. Staffbeat may retain personal data to the extent required by applicable law, or where necessary to establish, exercise or defend legal claims. During any such retention period, Staffbeat shall continue to protect the personal data in accordance with these Clauses.
Liability and damages
The total aggregate liability of Staffbeat arising out of or in connection with these Clauses shall in no event exceed the lesser of:
(a) the total fees paid by the controller to Staffbeat under the Main Agreement during the twelve (12) months immediately preceding the event giving rise to the claim; or
(b) EUR 50,000.
Nothing in this clause shall limit or exclude liability to the extent such limitation or exclusion is not permitted under applicable law, including Article 82 GDPR.
Contact
Operational, support, privacy and security enquiries relating to this Data Processing Agreement may be directed to support@staffbeat.net.