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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and those derived from PDPO
4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred and the specific purposes for which the data may be processed
5. Data Protection Obligations: Core obligations regarding data protection, including security measures, confidentiality, and compliance with PDPO principles
6. Technical and Organizational Measures: Mandatory security measures to be implemented by both parties
7. Sub-processing: Rules and restrictions regarding the appointment of sub-processors
8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are protected
9. Data Breach Notification: Requirements and procedures for reporting data breaches
10. Audit Rights: Rights of the data exporter to audit the data importer's compliance
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Return or Destruction of Data: Obligations regarding data handling upon termination
13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Data Localization Requirements: Additional provisions when data must be stored in specific jurisdictions, particularly relevant for transfers involving mainland China
2. Special Categories of Data: Additional safeguards when transferring sensitive personal data
3. Cross-border Transfer Mechanism: Specific provisions when using recognized transfer mechanisms like APEC CBPR
4. Business Continuity: Additional provisions for ensuring continuous data protection during disruptions
5. Insurance Requirements: Specific insurance obligations for data protection, if required
6. Joint Controller Provisions: Additional provisions when both parties act as joint controllers rather than controller-processor
7. Third Party Beneficiary Rights: Rights of data subjects to enforce certain terms directly, if applicable
1. Schedule 1 - Description of Transfer: Detailed description of the data transfers, including categories of data subjects, types of personal data, and processing operations
2. Schedule 2 - Technical and Security Measures: Detailed specification of security measures, encryption standards, and technical requirements
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their roles
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for the specific transfer scenario
5. Schedule 5 - Data Processing Instructions: Detailed instructions for data processing activities
6. Appendix A - Contact Points: List of key contacts for data protection matters, breach notification, and general communications
7. Appendix B - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses recognized by relevant jurisdictions
Applicable Data Protection Laws
Authorized Personnel
Authorized Sub-processor
Business Day
Confidential Information
Controller
Cross-border Transfer
Data Breach
Data Exporter
Data Importer
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
Group Company
Hong Kong
Information Security Incident
International Transfer
Material Change
Personal Data
PDPO
Processing
Processor
Professional Advisers
Regulatory Authority
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Impact Assessment
Transfer Mechanism
Interpretation
Scope of Processing
Data Protection Obligations
Technical Requirements
Security Measures
Confidentiality
Sub-processing
Audit Rights
Data Subject Rights
Cross-border Transfers
Breach Notification
Liability
Indemnification
Insurance
Force Majeure
Assignment
Term and Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Severability
Entire Agreement
Notices
Amendments
Warranties
Representations
Compliance with Laws
Third Party Rights
Costs
Authority
Waiver
Counterparts
Financial Services
Technology
Healthcare
E-commerce
Professional Services
Telecommunications
Cloud Services
Manufacturing
Education
Insurance
Retail
Logistics and Supply Chain
Banking
Consulting
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Data Protection
International Operations
Corporate Governance
Information Governance
Procurement
Vendor Management
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Legal Counsel
Compliance Manager
IT Security Manager
Risk Manager
Information Governance Manager
Chief Technology Officer
Privacy Manager
Data Protection Specialist
International Business Manager
Operations Director
Chief Legal Officer
Chief Compliance Officer
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