This Data Processing Agreement is essential for any organization that processes personal data on behalf of another entity within the Maltese legal framework. It is required under Article 28 of the GDPR and Maltese data protection laws, serving as a crucial compliance document that defines the rights and obligations of both controllers and processors. The agreement includes specific provisions for data security, breach notification procedures, international transfers, and audit rights, while incorporating Malta's specific legal requirements and regulatory guidance. It is particularly important for Malta-based companies or those processing data through Maltese entities, given Malta's position as a significant EU business hub, especially in sectors such as financial services, gaming, and technology.
Data Processing Agreement for Malta
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Key Requirements PROMPT example:
Data Processing Agreement
"I need a Data Processing Agreement for my Malta-based fintech company that will be outsourcing customer payment data processing to a cloud service provider starting March 2025, with particular emphasis on international data transfers and financial sector compliance requirements."
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1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and registered addresses
2. Background: Context of the agreement, relationship between parties, and brief description of the processing activities
3. Definitions: Key terms used in the agreement, including those from GDPR and local Maltese data protection laws
4. Scope and Purpose: Detailed description of the processing activities, categories of data, and purposes of processing
5. Duration: Term of the agreement and processing activities
6. Nature and Purpose of Processing: Specific details about how and why the data will be processed
7. Processor Obligations: Core obligations of the processor including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements
8. Controller Obligations: Responsibilities and obligations of the controller, including providing documented instructions and ensuring lawful basis for processing
9. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process
10. Data Security: Technical and organizational security measures required to protect the personal data
11. Data Breach Notification: Procedures and timeframes for notifying the controller of any personal data breaches
12. Audit Rights: Controller's rights to audit the processor's compliance and processor's obligations to assist
13. Data Protection Impact Assessments: Processor's obligation to assist with DPIAs where required
14. International Transfers: Rules and safeguards for transferring personal data outside the EEA
15. Termination: Provisions for terminating the agreement and obligations regarding return or deletion of data
16. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Specific Industry Requirements: Additional provisions for specific industries (e.g., healthcare, financial services) - include when processing sensitive data in regulated sectors
2. Insurance Requirements: Specific insurance obligations for the processor - include for high-risk processing activities
3. Business Continuity: Business continuity and disaster recovery requirements - include for critical processing activities
4. Performance Monitoring: KPIs and performance monitoring provisions - include for complex or large-scale processing
5. Processor Personnel: Specific requirements for processor's staff - include when processing requires special qualifications or security clearance
6. Data Protection Officer: Specific provisions regarding DPO appointments and cooperation - include when either party is required to have a DPO
7. Joint Controller Provisions: Additional provisions if any aspects involve joint controllership - include when processing involves shared controller responsibilities
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 description of security measures implemented by the processor
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms (e.g., SCCs) if applicable
5. Schedule 5 - Contact Details: Key contacts for both parties, including DPOs if appointed
6. Appendix A - Standard Contractual Clauses: EU SCCs if required for international transfers
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Gaming and iGaming
Technology
Healthcare
E-commerce
Professional Services
Telecommunications
Education
Insurance
Maritime
Tourism and Hospitality
Manufacturing
Retail
Transport and Logistics
Relevant Teams
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Operations
Procurement
Information Governance
Data Protection
Technology
Vendor Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Director
Privacy Manager
Risk Manager
Information Security Manager
Operations Director
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Legal Officer
Chief Compliance Officer
Data Protection Manager
Privacy Counsel
Information Governance Manager
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