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Controller Processor Agreement

Controller Processor Agreement for Malta

Controller Processor Agreement Template for Malta

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Controller Processor Agreement

"I need a Controller Processor Agreement for my Malta-based software company that will be processing customer data for several EU retail clients, with stringent security measures and sub-processor provisions."

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What is a Controller Processor Agreement?

This Controller Processor Agreement is essential for compliance with Article 28 of the GDPR and Malta's Data Protection Act 2018. It should be used whenever an organization (the controller) engages another organization (the processor) to process personal data on its behalf. The agreement includes mandatory provisions required by both EU and Maltese law, covering aspects such as processing scope, security measures, confidentiality, sub-processing, and international transfers. It's particularly important as it helps organizations demonstrate compliance with accountability requirements under GDPR and provides clear guidelines for data processing activities. The agreement must be in place before any processing begins and should be regularly reviewed to ensure continued compliance with evolving data protection requirements.

What sections should be included in a Controller Processor Agreement?

1. Parties: Identification of the data controller and data processor, including official registration details and contact information

2. Background: Context of the processing relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, including those from GDPR and Maltese data protection law

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

5. Duration of Processing: Timeframe for the processing activities and terms for termination

6. Obligations of the Controller: Controller's responsibilities including providing documented instructions and ensuring lawful basis for processing

7. Obligations of the Processor: Core processor obligations under Article 28 GDPR and Maltese law, including processing only on documented instructions

8. Technical and Organizational Measures: Security measures required under Article 32 GDPR and Maltese law

9. Personal Data Breach Notification: Procedures and timeframes for breach notification

10. Data Subject Rights: Processor's assistance with data subject requests

11. Confidentiality: Confidentiality obligations of the processor and its personnel

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

13. Liability and Indemnification: Allocation of liability and indemnification provisions

14. Termination: Termination rights and obligations regarding data return or deletion

What sections are optional to include in a Controller Processor Agreement?

1. International Transfers: Required when personal data will be transferred outside the EEA, incorporating appropriate safeguards

2. Sub-processor Provisions: Required when the processor intends to engage sub-processors, including authorization process

3. Special Categories of Data: Additional safeguards when processing special categories of personal data under Article 9 GDPR

4. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

5. Data Protection Impact Assessment: Cooperation obligations when DPIA is required

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Survival Clauses: Provisions that continue after agreement termination

What schedules should be included in a Controller Processor Agreement?

1. Description of Processing Activities: Detailed description of processing operations, categories of data subjects, types of personal data, and processing purposes

2. Technical and Organizational Measures: Detailed security measures implemented by the processor

3. Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Contact Details and Representatives: Key contacts for both parties, including Data Protection Officers if appointed

5. Standard Contractual Clauses: EU SCCs if required for international transfers

6. Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Audit Procedures: Specific procedures and requirements for conducting audits

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

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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Law
Authorized Personnel
Authorized Sub-processor
Business Day
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
International Transfer
Malta DPA
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Regulatory Authority
Representatives
Security Breach
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanisms
Writing
Relevant Industries

Technology and Software

Cloud Services

Healthcare

Financial Services

Professional Services

E-commerce

Education

Human Resources

Marketing and Advertising

Telecommunications

Insurance

Consulting

Research and Development

Manufacturing

Retail

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Procurement

Data Protection

Information Governance

Privacy

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Legal Officer

Data Protection Specialist

Privacy Counsel

Information Governance Manager

Industries
General Data Protection Regulation (GDPR): EU Regulation 2016/679 - Primary legislation governing data protection in the EU, particularly Article 28 which sets out specific requirements for processor agreements
Data Protection Act 2018 (Chapter 586 of the Laws of Malta): Malta's primary data protection legislation that implements GDPR and includes country-specific requirements
Processing of Personal Data (Electronic Communications Sector) Regulations: Subsidiary Legislation 586.01 under Maltese law, governing electronic communications and data processing
Data Protection (Processing of Personal Data in the Law Enforcement Sector) Regulations: Subsidiary Legislation 586.08 that may be relevant if the processing involves law enforcement purposes
EU Standard Contractual Clauses (SCCs): If international data transfers are involved, the EU SCCs must be considered and incorporated where applicable
ePrivacy Directive (2002/58/EC): EU directive relevant when the processing involves electronic communications data, as implemented in Maltese law
Malta Information and Data Protection Commissioner (IDPC) Guidelines: Regulatory guidance and requirements issued by the Maltese supervisory authority for data protection
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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