The Controller to Controller Agreement is essential when two or more organizations acting as data controllers need to share personal data while maintaining GDPR compliance under Maltese jurisdiction. This document becomes necessary when organizations need to establish clear protocols for data sharing, whether for business partnerships, service delivery, or regulatory compliance. It addresses key requirements under both EU GDPR and Maltese data protection law, including the Data Protection Act (Chapter 586) and related regulations. The agreement covers crucial aspects such as data security measures, breach notification procedures, data subject rights management, and liability allocation. It's particularly important in scenarios where regular data exchange occurs between independent controllers, each with their own purposes for processing the shared personal data.
Controller To Controller Agreement for Malta
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Key Requirements PROMPT example:
Controller To Controller Agreement
"I need a Controller to Controller Agreement for my Malta-based fintech company to share customer financial data with a credit scoring agency starting March 2025, including international transfers to the EU and specific provisions for automated decision-making."
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1. Parties: Identification of the data controllers entering into the agreement, including registered addresses and company details
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Detailed description of the data sharing activities and their legitimate purposes
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities
6. Data Protection Principles: Commitment to GDPR principles and compliance requirements
7. Security Measures: Technical and organizational measures required for data protection
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
9. Data Breach Notification: Procedures for notifying each other and authorities of data breaches
10. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions
11. Term and Termination: Duration of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
13. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments
1. International Transfers: Required when personal data will be transferred outside the EEA, specifying transfer mechanisms
2. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR
3. Sub-processing: Include when either controller may engage sub-processors
4. Joint Controller Arrangements: Required when the relationship qualifies as joint controllership under Article 26 GDPR
5. Industry-Specific Requirements: Include when processing data in regulated sectors (e.g., healthcare, financial services)
6. Data Protection Impact Assessment: Include when high-risk processing requires DPIAs
7. Insurance Requirements: Include when specific insurance coverage is required for data protection
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being shared
2. Schedule 2 - Purposes of Processing: Detailed description of all processing purposes and legal bases
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by each controller
4. Schedule 4 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for responding to data breaches
6. Schedule 6 - Contact Details: Key contacts for operational, legal, and data protection matters
7. Appendix A - Standard Contractual Clauses: If needed for international transfers outside the EEA
8. Appendix B - Data Processing Map: Visual representation of data flows between controllers
Authors
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorised Recipients
Business Day
Business Purpose
Confidential Information
Controller
Data Protection Act
Data Protection Impact Assessment
Data Protection Laws
Data Security Breach
Data Subject
Data Subject Rights
Data Transfer
Effective Date
EU
Force Majeure Event
GDPR
Information and Data Protection Commissioner
International Transfer
Joint Controllers
Malta
Maltese Data Protection Laws
Material Breach
Notice
Party/Parties
Personal Data
Personal Data Breach
Processing
Processor
Receiving Controller
Representatives
Schedule
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Supervisory Authority
Technical and Organisational Measures
Term
Territory
Third Country
Third Party
Transfer Mechanisms
Transferring Controller
Applicable Data Protection Laws
Authorised Recipients
Business Day
Business Purpose
Confidential Information
Controller
Data Protection Act
Data Protection Impact Assessment
Data Protection Laws
Data Security Breach
Data Subject
Data Subject Rights
Data Transfer
Effective Date
EU
Force Majeure Event
GDPR
Information and Data Protection Commissioner
International Transfer
Joint Controllers
Malta
Maltese Data Protection Laws
Material Breach
Notice
Party/Parties
Personal Data
Personal Data Breach
Processing
Processor
Receiving Controller
Representatives
Schedule
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Supervisory Authority
Technical and Organisational Measures
Term
Territory
Third Country
Third Party
Transfer Mechanisms
Transferring Controller
Clauses
Interpretation
Obligations
Data Protection
Compliance
Data Security
Confidentiality
Liability
Indemnification
Warranties
Service Levels
Audit Rights
Data Subject Rights
Breach Notification
International Transfer
Term and Termination
Force Majeure
Assignment
Variation
Severability
Notices
Governing Law
Dispute Resolution
Entire Agreement
Third Party Rights
Data Processing
Technical Requirements
Security Standards
Risk Allocation
Insurance
Remedies
Costs
Obligations
Data Protection
Compliance
Data Security
Confidentiality
Liability
Indemnification
Warranties
Service Levels
Audit Rights
Data Subject Rights
Breach Notification
International Transfer
Term and Termination
Force Majeure
Assignment
Variation
Severability
Notices
Governing Law
Dispute Resolution
Entire Agreement
Third Party Rights
Data Processing
Technical Requirements
Security Standards
Risk Allocation
Insurance
Remedies
Costs
Relevant Industries
Financial Services
Healthcare
Technology
E-commerce
Telecommunications
Professional Services
Insurance
Education
Real Estate
Tourism and Hospitality
Manufacturing
Retail
Transportation and Logistics
Relevant Teams
Legal
Compliance
Data Protection
Information Security
Risk Management
Information Technology
Operations
Privacy
Procurement
Business Development
Information Governance
Relevant Roles
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Information Security Officer
Privacy Manager
Chief Legal Officer
Chief Compliance Officer
Contract Manager
Business Development Manager
Operations Director
Chief Technology Officer
Information Governance Manager
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