DPA Agreement Template for Hong Kong

The Data Processing Agreement (DPA) is essential for organizations operating in Hong Kong that outsource the processing of personal data to third parties. This agreement is required to comply with the Personal Data (Privacy) Ordinance (PDPO) and ensures appropriate safeguards are in place for data protection. The DPA should be implemented whenever a data controller engages a data processor to handle personal data on their behalf, whether for cloud services, HR processing, marketing activities, or other data processing services. It sets out crucial terms including processing scope, security measures, confidentiality obligations, breach reporting procedures, and mechanisms for demonstrating compliance. The agreement is particularly important given Hong Kong's status as a major business hub and the frequent need for cross-border data transfers.

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

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

3. Definitions: Definitions of key terms used in the agreement, including 'personal data', 'processing', 'data subject', 'controller', 'processor', etc.

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

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

6. Obligations of the Data Processor: Core responsibilities of the processor including processing only on documented instructions, confidentiality, security measures, and subprocessing restrictions

7. Data Security: Technical and organizational security measures required to protect personal data

8. Confidentiality: Confidentiality obligations regarding the processed data and business information

9. Subprocessing: Conditions and requirements for engaging subprocessors

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

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

13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

14. Liability and Indemnification: Allocation of liability and indemnification obligations

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