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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."
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
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
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
Technology and Software
Financial Services
Healthcare
E-commerce
Professional Services
Cloud Services
Education
Insurance
Telecommunications
Manufacturing
Retail
Business Process Outsourcing
Legal
Compliance
Information Security
IT
Risk Management
Operations
Procurement
Privacy
Vendor Management
Data Protection
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
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