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DPA Data Protection Agreement
"I need a DPA Data Protection Agreement for our Philippines-based healthcare company that will be outsourcing patient data processing to a cloud service provider starting March 2025, with specific provisions for handling sensitive medical information and compliance with healthcare regulations."
1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives
2. Background: Context of the agreement, relationship between the parties, and purpose of data processing activities
3. Definitions: Definitions of key terms used in the agreement, aligned with the Data Privacy Act of 2012 definitions
4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement
5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures
6. Obligations of the Data Controller: Responsibilities of the controller including lawful basis for processing and providing clear instructions
7. Security Measures: Technical and organizational measures required to protect personal data
8. Data Breach Notification: Procedures for reporting and handling personal data breaches
9. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance
10. Liability and Indemnification: Allocation of responsibility for data protection violations and indemnification provisions
11. Term and Termination: Duration of the agreement and conditions for termination
12. Return or Deletion of Data: Obligations regarding personal data upon termination of services
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside the Philippines, specifying compliance with cross-border transfer requirements
2. Sub-processors: Include when the data processor may engage sub-processors, specifying requirements for approval and obligations
3. Industry-Specific Requirements: Additional provisions for specific sectors like healthcare, banking, or telecommunications
4. Data Protection Impact Assessment: Include when processing activities require DPIA under Philippine law
5. Insurance Requirements: Specific insurance obligations for data protection risks
6. Force Majeure: Provisions for handling data protection obligations during extraordinary circumstances
1. Schedule 1 - Processing Activities: Detailed description of authorized processing activities, categories of data subjects, and types of personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable
5. Schedule 5 - Contact Points: List of key contacts for data protection matters, including Data Protection Officers
6. Appendix A - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
7. Appendix B - Audit Requirements: Specific procedures and requirements for compliance audits
Authors
Technology
Healthcare
Financial Services
Education
Retail
Telecommunications
Business Process Outsourcing
E-commerce
Insurance
Government Services
Manufacturing
Professional Services
Real Estate
Transportation
Hospitality
Legal
Compliance
Information Technology
Information Security
Risk Management
Operations
Procurement
Privacy
Vendor Management
Data Governance
Corporate Affairs
Regulatory Affairs
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 Legal Officer
Chief Compliance Officer
Privacy Manager
Information Governance Manager
Vendor Management Officer
Chief Technology Officer
Chief Operations Officer
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