This Data Processing Agreement is essential for organizations in Australia that engage third parties to process personal information on their behalf. It is required to comply with the Privacy Act 1988 and Australian Privacy Principles, which mandate appropriate contractual safeguards when sharing personal information with service providers. The agreement should be used whenever an organization (Data Controller) engages another party (Data Processor) to perform any operation on personal information, such as collection, storage, analysis, or transfer. It includes detailed provisions on security measures, breach notification procedures, sub-processing arrangements, and data subject rights, tailored to meet Australian privacy law requirements. This document is particularly crucial given the increasing regulatory focus on data protection and the significant penalties for privacy breaches under Australian law.

1. Parties: Identification of the Data Controller and Data Processor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the data processing activities

3. Definitions: Key terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject', 'Controller', 'Processor', etc.

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data involved, and permitted purposes

5. Duration: Term of the agreement and conditions for termination

6. Obligations of the Data Processor: Core responsibilities including processing only on documented instructions, ensuring confidentiality, implementing security measures

7. Obligations of the Data Controller: Responsibilities including providing lawful instructions, ensuring legal basis for processing

8. Security Measures: Technical and organizational measures required to protect personal data

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Breach Notification: Procedures for handling and reporting data breaches

11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

12. Data Subject Rights: Processor's assistance in responding to data subject requests

13. Return or Deletion of Data: Requirements for data handling upon agreement termination

14. Liability and Indemnities: Allocation of risks and responsibilities between parties

15. General Provisions: Standard contractual terms including governing law, jurisdiction, and amendment procedures