Analytics-Critical Provisions

Essential clauses for data analytics and tracking platforms

Data Processing Agreement (DPA)

GDPR Required

Analytics platforms processing EU data must offer a DPA. Define processor/controller roles, processing purposes, sub-processors, and data subject rights procedures.

Cross-Border Data Transfers

SCCs Required

Address international data transfers with Standard Contractual Clauses (SCCs), adequacy decisions, or other valid transfer mechanisms for EU-US data flows.

Data Retention & Deletion

Privacy Compliance

Define how long analytics data is retained, anonymization practices, and procedures for data deletion upon request or account termination.

Data Subject Rights

Individual Rights

Explain how the platform supports data subject access requests (DSARs), right to erasure, data portability, and opt-out mechanisms for tracked users.

Sub-Processor Disclosure

Transparency

List sub-processors who handle data, provide notification of sub-processor changes, and allow objection rights for new sub-processors.

Data Ownership & Usage Rights

Customer Rights

Clarify that customers own their data, define platform's rights to use aggregated/anonymized data, and address data portability on termination.

Standard Legal Provisions

Essential clauses required in all Terms of Service

Agreement to Terms
Limitation of Liability
Service Level Agreement
Data Portability
Security Measures
Governing Law
Acceptable Use Policy
Termination Rights

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