This Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine how and why personal data is processed in Hong Kong. It's specifically required when multiple parties share decision-making authority over data processing activities and must comply with Hong Kong's Personal Data (Privacy) Ordinance (PDPO). The agreement should be used when organizations collaborate on projects involving shared data responsibilities, such as joint ventures, shared services arrangements, or collaborative research projects. It details the allocation of responsibilities, compliance obligations, security requirements, and liability arrangements between the joint controllers. The document ensures clear accountability and transparency in data protection practices while meeting Hong Kong's regulatory requirements and international data protection standards.
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1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific Hong Kong PDPO terminology
4. Scope and Purpose: Detailed description of the joint processing activities and their purposes
5. Roles and Responsibilities: Clear delineation of each controller's duties and areas of responsibility
6. Data Protection Principles: Compliance commitments with Hong Kong's Data Protection Principles
7. Data Subject Rights: Procedures for handling data subject requests and designated responsibilities
8. Security Measures: Required technical and organizational measures for data protection
9. Data Breach Notification: Procedures for handling and reporting data breaches
10. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions
11. Term and Termination: Duration of the agreement and termination conditions
12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Cross-border Transfers: Required if personal data will be transferred outside of Hong Kong
2. Audit Rights: Include when regular compliance audits between parties are needed
3. Insurance Requirements: Specific insurance obligations for high-risk processing activities
4. Sub-processing: Include if either controller may engage sub-processors
5. Business Continuity: Required for critical processing operations requiring backup plans
6. Data Protection Impact Assessments: Include for high-risk processing activities
7. Joint Controller Point of Contact: Designation of primary contact points when multiple teams are involved
1. Schedule 1 - Processing Activities: Detailed description of joint processing activities, categories of data and purposes
2. Schedule 2 - Technical and Security Measures: Specific security controls and measures implemented by each party
3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
4. Schedule 4 - Data Breach Response Plan: Step-by-step protocol for handling data breaches
5. Schedule 5 - Contact Details: Key contacts for operational, technical and legal matters
6. Appendix A - Data Flow Diagram: Visual representation of how data flows between joint controllers
7. Appendix B - Compliance Checklist: Checklist of PDPO requirements and responsibilities
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