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Data Privacy Agreement
"I need a Data Privacy Agreement by March 2025 for our Toronto-based company to engage a US cloud service provider who will process our Canadian customers' personal information, with specific provisions for cross-border data transfers and PIPEDA compliance."
1. Parties: Identification of the data controller/processor and any other parties to the agreement
2. Background: Context of the agreement and the parties' relationship regarding personal data processing
3. Definitions: Key terms used in the agreement, including 'Personal Information', 'Processing', 'Data Subject', etc.
4. Scope and Purpose: Defines the types of personal information covered and permitted purposes for processing
5. Compliance with Privacy Laws: Commitment to comply with PIPEDA and applicable provincial privacy laws
6. Data Collection and Processing: Rules and principles for collecting and processing personal information
7. Consent Requirements: Procedures for obtaining and managing consent from data subjects
8. Data Security Measures: Required technical and organizational security measures
9. Data Breach Notification: Procedures and timelines for reporting and handling data breaches
10. Data Subject Rights: Procedures for handling access requests and other data subject rights
11. Confidentiality: Obligations regarding confidentiality of personal information
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Destruction of Data: Requirements for handling personal information upon agreement termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. General Provisions: Standard contractual terms including governing law, notices, and amendments
1. Cross-border Data Transfers: Requirements for transferring data outside Canada, used when international data flows are anticipated
2. Subprocessing: Terms for engaging and managing subprocessors, included when third-party processing is permitted
3. Special Categories of Data: Additional requirements for sensitive personal information, included when processing health, financial, or other sensitive data
4. Data Protection Impact Assessments: Requirements for conducting privacy impact assessments, included for high-risk processing activities
5. Audit Rights: Procedures for conducting privacy audits, included when regular compliance verification is required
6. Insurance Requirements: Specific insurance coverage requirements, included for high-risk processing or when required by industry standards
7. Business Continuity: Requirements for maintaining data processing during disruptions, included for critical services
1. Schedule A - Categories of Personal Information: Detailed list of personal information types being processed
2. Schedule B - Technical and Organizational Security Measures: Specific security controls and standards to be maintained
3. Schedule C - Approved Subprocessors: List of authorized third-party processors and their roles
4. Schedule D - Data Processing Activities: Detailed description of processing activities and purposes
5. Schedule E - Service Level Agreement: Performance metrics and standards for data processing activities
6. Schedule F - Data Breach Response Plan: Detailed procedures for handling data breaches
7. Schedule G - Privacy Impact Assessment Template: Standard format for conducting privacy impact assessments
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Research and Development
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Privacy Office
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Chief Privacy Officer
Data Protection Officer
Privacy Counsel
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Compliance Manager
Information Security Manager
IT Director
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Data Governance Manager
Information Management Director
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Chief Legal Officer
Privacy Program Manager
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Data Privacy Agreement
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Joint Controller Data Sharing Agreement
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