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Data Management Agreement
"I need a Data Management Agreement for outsourcing our customer data processing to a Philippine BPO company starting March 2025, with strict security measures for handling sensitive financial information and compliance with Philippine banking regulations."
1. Parties: Identification of the contracting parties including the Data Controller and Data Processor
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms and those defined in Philippine privacy laws
4. Scope and Purpose: Detailed description of the data management services and processing activities covered by the agreement
5. Data Protection Obligations: Compliance requirements with the Data Privacy Act and related regulations, including security measures and privacy principles
6. Rights and Responsibilities: Specific obligations of each party regarding data handling, security, and privacy protection
7. Security Measures: Technical and organizational measures required to protect the data
8. Confidentiality: Obligations regarding data confidentiality and non-disclosure requirements
9. Data Breach Notification: Procedures and timelines for reporting and handling data breaches
10. Audit Rights: Rights of the data controller to audit compliance and related procedures
11. Term and Termination: Duration of the agreement and conditions for termination
12. Return or Deletion of Data: Procedures for handling data upon contract termination
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when data will be transferred outside the Philippines, including compliance with international data protection requirements
2. Subprocessing: Include when the data processor may engage subprocessors for data handling
3. Data Protection Impact Assessment: Required for high-risk processing activities or large-scale data operations
4. Special Categories of Data: Include when sensitive personal information or special categories of data are being processed
5. Insurance Requirements: Specific insurance obligations for data protection and cyber liability
6. Business Continuity and Disaster Recovery: Include for critical data management services requiring specific recovery procedures
7. Change Control Procedures: Required when frequent changes to data processing activities are anticipated
1. Schedule 1 - Data Processing Specifications: Detailed description of data types, processing purposes, and processing activities
2. Schedule 2 - Technical and Organizational Security Measures: Specific security controls and measures implemented to protect data
3. Schedule 3 - Service Level Agreement: Performance metrics and service levels for data management activities
4. Schedule 4 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
5. Schedule 5 - Compliance Documentation: Required certifications, registrations, and compliance documentation
6. Schedule 6 - Authorized Subprocessors: List of approved subprocessors and their roles, if applicable
7. Schedule 7 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards, if applicable
8. Appendix A - Contact Details: Key contacts for both parties including Data Protection Officers
Authors
Financial Services
Healthcare
Technology
E-commerce
Education
Telecommunications
Business Process Outsourcing
Insurance
Real Estate
Retail
Manufacturing
Professional Services
Government and Public Sector
Research and Development
Legal
Information Technology
Information Security
Compliance
Risk Management
Operations
Procurement
Data Protection
Privacy
Information Governance
Contract Management
Project Management
Chief Information Officer
Data Protection Officer
Privacy Officer
Compliance Manager
Information Security Manager
IT Director
Legal Counsel
Risk Manager
Operations Manager
Project Manager
Procurement Manager
Technology Officer
Data Manager
Systems Administrator
Information Governance Manager
Contract Manager
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