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Data Processing Agreement for New Zealand

Data Processing Agreement Template for New Zealand

This document is a comprehensive Data Processing Agreement governed by New Zealand law, specifically aligned with the Privacy Act 2020 and its 13 Information Privacy Principles. It establishes the legal framework for processing personal information between a data controller and a data processor, defining their respective obligations, security requirements, and compliance measures. The agreement includes provisions for data breach notification, cross-border data transfers, and sub-processing arrangements, while ensuring compliance with New Zealand's privacy framework and maintaining standards compatible with international data protection requirements.

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What is a Data Processing Agreement?

A Data Processing Agreement is essential when one organization (the processor) processes personal information on behalf of another organization (the controller) in New Zealand. This document is required to comply with the Privacy Act 2020 and ensures appropriate safeguards are in place for handling personal information. It becomes particularly important when organizations outsource data processing activities, use cloud services, or engage third-party service providers. The agreement details security measures, breach notification procedures, cross-border transfer requirements, and sub-processing arrangements. It should be used whenever there is any systematic processing of personal information by a third party, regardless of the scale of processing. The document helps organizations demonstrate compliance with privacy principles and establishes clear lines of responsibility and accountability between parties.

What sections should be included in a Data Processing Agreement?

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

What sections are optional to include in a Data Processing Agreement?

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

What schedules should be included in a Data Processing Agreement?

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

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions

































Clauses































Relevant Industries

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

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Procurement

Operations

Data Governance

Commercial Contracts

Information Management

Vendor Management

Relevant Roles

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

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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