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Joint Controller Agreement

Joint Controller Agreement Template for Ireland

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Key Requirements PROMPT example:

Joint Controller Agreement

I need a Joint Controller Agreement for a partnership between a medical research institute and a university in Ireland, with special attention to handling sensitive health data and research findings, to be implemented by March 2025.

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Document background
This Joint Controller Agreement is essential when two or more organizations collaborate in determining how personal data is processed, requiring compliance with both EU GDPR and Irish data protection law. It should be used whenever organizations share decision-making authority over data processing activities, such as in joint ventures, shared services arrangements, or collaborative projects. The agreement must specify each party's roles and responsibilities, including handling data subject requests, maintaining security measures, and managing data breaches. It's particularly important in the Irish context, where the Data Protection Commission has specific guidance on joint controller arrangements and requirements for transparency in data processing activities.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the relationship and purpose of the joint processing activities

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Scope of Joint Processing: Detailed description of the personal data processing activities covered by the agreement

5. Allocation of Responsibilities: Clear division of data protection obligations between the joint controllers

6. Data Subject Rights: Procedures for handling data subject requests and designated points of contact

7. Transparency Requirements: Obligations regarding privacy notices and communication with data subjects

8. Security Measures: Technical and organizational measures required for data protection

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

10. Liability and Indemnification: Distribution of liability between parties and indemnification provisions

11. Term and Termination: Duration of the agreement and termination provisions

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendments

Optional Sections

1. International Data Transfers: Required if personal data will be transferred outside the EEA

2. Special Categories of Data: Required if processing sensitive personal data under Article 9 GDPR

3. Sub-processing: Required if either controller will engage sub-processors

4. Joint Marketing Activities: Required if controllers collaborate on marketing initiatives

5. Industry-Specific Compliance: Required for regulated industries (e.g., healthcare, financial services)

6. Data Protection Impact Assessment: Required for high-risk processing activities

7. Audit Rights: Optional section detailing mutual audit rights and procedures

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of joint processing activities, including categories of data and purposes

2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by each controller

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 managing data breaches

5. Schedule 5 - Contact Details: Key contacts for each controller, including DPO details if applicable

6. Appendix A - Privacy Notice Template: Template for joint privacy notice to data subjects

7. Appendix B - Data Transfer Mechanisms: Details of any international transfer mechanisms if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Law
Authorised Recipients
Business Day
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Data Subject Rights
DPC
EEA
Effective Date
EU
GDPR
Group Company
Irish Data Protection Act
Joint Controllers
Joint Processing Activities
Material Breach
Personal Data
Personal Data Breach
Processing
Processor
Professional Advisers
Relevant Personnel
Representatives
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organisational Measures
Term
Third Party
Transfer Mechanisms
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Education

Marketing and Advertising

Research and Development

Insurance

Telecommunications

Professional Services

Real Estate

Retail

Travel and Hospitality

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Operations

Privacy

Governance

Commercial

Data Governance

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

Risk Manager

Chief Privacy Officer

Chief Information Security Officer

Chief Technology Officer

Chief Legal Officer

Operations Director

Project Manager

Commercial Director

Head of Compliance

Head of Data Governance

Industries
General Data Protection Regulation (GDPR): The primary EU regulation governing data protection and privacy, particularly Article 26 which specifically addresses joint controllers and their obligations
Data Protection Act 2018 (Ireland): The primary Irish legislation that implements GDPR and provides additional national requirements for data protection
European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011: Irish regulations implementing the ePrivacy Directive, relevant if the joint controllers process electronic communications data
Data Protection Act 2018 (Section 36(2)) (Health Research) Regulations 2018: Specific regulations relevant if the joint controllers are involved in health research data processing
Data Protection Commissioner's Guidance on Joint Controllers: Guidelines and interpretations from the Irish Data Protection Commission on joint controller relationships and obligations
Law Enforcement Directive (LED): EU Directive 2016/680, relevant if one of the joint controllers is a law enforcement authority processing data for law enforcement purposes
European Union (Data Protection) Regulations 2018: Additional Irish regulations supplementing the Data Protection Act 2018 and GDPR implementation
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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