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1. Parties: Identification of the data controller and data processor, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the data processing activities
3. Definitions: Key terms used in the agreement, including 'Personal Information' (NZ terminology), 'Processing', 'Data Subject', 'Sub-processor', and other relevant terms
4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of personal information involved, and purposes for which data may be processed
5. Obligations of the Data Controller: Responsibilities of the data controller, including providing lawful instructions and ensuring legal basis for processing
6. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, maintaining confidentiality, and implementing security measures
7. Security Measures: Technical and organizational security measures required to protect personal information
8. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process and flow-down obligations
9. Data Subject Rights: Procedures for assisting the controller in responding to data subject rights requests under the Privacy Act
10. Data Breach Notification: Procedures and timeframes for notifying the controller of privacy breaches as required by the Privacy Act
11. Audit Rights: Controller's rights to audit the processor's compliance and processor's obligations to demonstrate compliance
12. Cross-border Data Transfers: Rules and safeguards for transferring personal information outside New Zealand
13. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
14. Return or Deletion of Data: Obligations regarding personal information upon termination of services
15. General Provisions: Standard contractual provisions including governing law, jurisdiction, and dispute resolution
1. Business Continuity and Disaster Recovery: Additional provisions for ensuring data availability and recovery procedures, recommended for critical data processing services
2. Insurance Requirements: Specific insurance obligations for the processor, recommended for high-risk processing activities
3. Service Levels: Specific performance metrics and standards, useful when processing activities are time-sensitive or require specific performance levels
4. Compliance with Industry Standards: Additional compliance requirements for specific industry standards (e.g., healthcare, financial services)
5. Data Protection Impact Assessment: Requirements for conducting impact assessments, recommended for high-risk processing activities
6. Processor Personnel: Specific requirements regarding personnel who will have access to personal information, useful for sensitive data processing
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal information, and processing purposes
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures to be implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Cross-border Transfer Mechanisms: Details of mechanisms used for lawful cross-border data transfers
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for identifying, reporting, and managing privacy breaches
6. Appendix A - Contact Details: Key contacts for both parties for operational, legal, and privacy breach matters
7. Appendix B - Service Levels: Detailed service levels and performance metrics if applicable
Technology and Software
Healthcare and Medical Services
Financial Services
Professional Services
Education
Retail and E-commerce
Telecommunications
Insurance
Government and Public Sector
Manufacturing
Hospitality and Tourism
Marketing and Advertising
Research and Development
Transportation and Logistics
Non-profit Organizations
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Procurement
Operations
Data Governance
Commercial Contracts
Information Management
Vendor Management
Chief Privacy Officer
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Chief Information Officer
Chief Technology Officer
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Privacy Analyst
Information Governance Manager
Data Protection Specialist
Commercial Contract Manager
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