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Data Processing Addendum DPA Template for Hong Kong

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Key Requirements PROMPT example:

Data Processing Addendum DPA

"I need a Data Processing Addendum (DPA) for our Hong Kong-based fintech company that will be outsourcing customer data processing to a cloud service provider in Singapore, with specific focus on cross-border data transfers and financial data security requirements."

Document background
The Data Processing Addendum (DPA) is a critical document required whenever a company (data controller) engages another party (data processor) to process personal data on its behalf in Hong Kong. This document is essential for compliance with the Personal Data (Privacy) Ordinance (PDPO) and must be implemented alongside the main service agreement. The DPA defines crucial aspects such as data security requirements, breach notification obligations, audit rights, and data handling procedures. It becomes particularly important in the context of Hong Kong's data protection regime, which requires organizations to ensure proper safeguards when outsourcing data processing activities. The document should reflect specific Hong Kong regulatory requirements while addressing practical aspects of the data processing relationship.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the data processing relationship and reference to the main agreement this DPA supplements

3. Definitions: Key terms used throughout the DPA, including 'Personal Data', 'Processing', 'Data Subject', 'Data Protection Laws', etc.

4. Scope and Purpose of Processing: Detailed description of the types of personal data to be processed and the specific purposes for processing

5. Obligations of the Data Processor: Core responsibilities of the processor including processing only on documented instructions, confidentiality, security measures, and subprocessing requirements

6. Technical and Organizational Measures: Security measures required to protect personal data during processing

7. Sub-processors: Rules and procedures for engaging sub-processors, including required approvals and flow-down obligations

8. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

9. Data Breach Notification: Requirements and timeframes for reporting data breaches to the controller

10. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

11. Term and Termination: Duration of the DPA and circumstances under which it can be terminated

12. Return or Deletion of Data: Obligations regarding personal data upon termination of services

13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Transfers: Required when personal data will be transferred outside of Hong Kong, detailing transfer mechanisms and safeguards

2. Data Protection Impact Assessments: Include when processing is likely to result in high risk to individuals, outlining processor's obligations to assist with DPIAs

3. Special Categories of Personal Data: Include when sensitive personal data will be processed, specifying additional safeguards

4. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required

5. Processor Personnel: Include when specific requirements for staff training, screening, or confidentiality agreements are needed

6. Business Continuity and Disaster Recovery: Include when specific business continuity requirements are needed for critical processing activities

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures, access controls, and other protective measures

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards if applicable

5. Appendix A - Security Breach Response Plan: Detailed procedures for handling and reporting security incidents and data breaches

6. Appendix B - Audit Requirements: Specific procedures and requirements for conducting compliance audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses





















Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Professional Services

Cloud Services

Education

Insurance

Telecommunications

Manufacturing

Retail

Business Process Outsourcing

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Procurement

Privacy

Vendor Management

Data Protection

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Chief Technology Officer

Privacy Manager

Vendor Management Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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