The Data Controller To Data Controller Agreement is essential when two organizations need to share personal data while maintaining independent control over their respective data processing activities. This agreement is particularly relevant in Hong Kong, where the Personal Data (Privacy) Ordinance (PDPO) sets strict requirements for data protection and privacy. The document should be used when organizations need to establish clear protocols for data sharing, define responsibilities, ensure regulatory compliance, and maintain appropriate security standards. It includes crucial provisions for data protection, breach notification, data subject rights, and security measures, while considering Hong Kong's unique regulatory environment and international business context. The agreement is designed to protect both parties' interests while ensuring compliance with local data protection laws and regulations.
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1. Parties: Identification of the data controllers entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, relationship between the parties, and purpose of data sharing
3. Definitions: Definitions of key terms used in the agreement, including those from the PDPO
4. Scope and Purpose: Detailed description of the data sharing arrangement and legitimate purposes for processing
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities
6. Data Protection Principles: Commitment to comply with PDPO principles and specific measures for compliance
7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
8. Security Measures: Required technical and organizational security measures for data protection
9. Data Breach Notification: Procedures for notification and cooperation in case of data breaches
10. Term and Termination: Duration of the agreement and circumstances for termination
11. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement
1. Cross-border Transfers: Requirements for transferring data outside Hong Kong, used when international transfers are contemplated
2. Direct Marketing: Specific provisions for direct marketing activities, required if either party will use the data for direct marketing
3. Audit Rights: Provisions for conducting compliance audits, useful for high-risk or regulated sectors
4. Sub-processing: Terms governing the appointment of sub-processors, needed if parties may delegate processing
5. Insurance: Requirements for maintaining specific insurance coverage, relevant for high-value or high-risk arrangements
6. Joint Processing Activities: Provisions for scenarios where parties act as joint controllers for certain activities
1. Schedule 1: Categories of Personal Data: Detailed list of personal data types being shared between controllers
2. Schedule 2: Purposes of Processing: Comprehensive list of approved processing purposes and activities
3. Schedule 3: Technical and Security Measures: Detailed security requirements and standards to be maintained
4. Schedule 4: Data Transfer Procedures: Operational procedures for secure data transfer between parties
5. Schedule 5: Contact Details: Key contacts for operational, legal, and data breach matters
6. Appendix A: Data Subject Request Procedure: Detailed procedure for handling and responding to data subject requests
7. Appendix B: Breach Response Plan: Step-by-step protocol for managing and reporting data breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Insurance
Technology
E-commerce
Telecommunications
Professional Services
Education
Real Estate
Market Research
Consulting
Retail
Relevant Teams
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Operations
Data Protection
Commercial
Governance
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Technology Officer
Chief Information Security Officer
General Counsel
Commercial Director
Operations Manager
Privacy Analyst
Compliance Officer
Data Protection Specialist
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