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Personal Data Protection Agreement
"I need a Personal Data Protection Agreement for my healthcare technology company based in Manila, which will be processing sensitive medical data and sharing it with our cloud service providers starting January 2025. The agreement needs to be compliant with Philippine healthcare regulations and include strong security measures."
1. Parties: Identification of the contracting parties, including their roles as data controller and/or data processor
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, aligned with definitions from the Data Privacy Act
4. Scope and Purpose: Specific purposes for which personal data will be processed and the categories of data subjects
5. Data Protection Principles: Commitment to comply with the fundamental principles of the Data Privacy Act including lawfulness, fairness, and transparency
6. Rights of Data Subjects: Enumeration of data subject rights and procedures for handling data subject requests
7. Security Measures: Technical and organizational measures to protect personal data
8. Data Breach Notification: Procedures for reporting and handling personal data breaches
9. Confidentiality: Obligations regarding confidentiality of personal data
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Destruction of Data: Procedures for handling personal data upon termination
12. Liability and Indemnification: Allocation of responsibilities and liabilities between parties
13. Governing Law and Jurisdiction: Specification of Philippine law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the Philippines
2. Sub-processing: Include when the data processor may engage sub-processors
3. Special Categories of Data: Required when processing sensitive personal information as defined in the Data Privacy Act
4. Data Protection Impact Assessment: Include for high-risk processing activities
5. Audit Rights: Optional section detailing the controller's right to audit the processor's compliance
6. Insurance Requirements: Include when specific insurance coverage for data protection is required
7. Privacy Impact Assessment: Required for new systems or substantial changes to existing processing
8. Data Protection Officer: Include when appointing specific DPOs or establishing DPO responsibilities
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures and controls to be implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles
4. Schedule 4 - Data Processing Activities: Detailed description of processing activities and purposes
5. Appendix A - Data Subject Request Procedure: Detailed procedures for handling data subject requests
6. Appendix B - Data Breach Response Plan: Detailed procedures for responding to data breaches
7. Appendix C - Compliance Checklist: Checklist of compliance requirements under Philippine data protection law
8. Appendix D - Contact Details: Contact information for key personnel and Data Protection Officers
Authors
Information Technology
Healthcare
Financial Services
Education
E-commerce
Telecommunications
Business Process Outsourcing
Insurance
Human Resources Services
Digital Marketing
Professional Services
Retail
Banking
Healthcare Technology
Cloud Services
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Operations
Procurement
Data Governance
Information Management
Contracts Administration
Regulatory Affairs
Chief Privacy Officer
Data Protection Officer
Compliance Manager
Legal Counsel
Information Security Manager
IT Director
Chief Information Security Officer
Privacy Manager
Compliance Officer
Risk Manager
Chief Technology Officer
Operations Manager
Project Manager
Procurement Manager
Contract Administrator
Chief Legal Officer
Privacy Analyst
Information Governance Manager
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