The Data Privacy Addendum serves as a crucial supplementary agreement to existing service contracts where one party processes personal data on behalf of another under Maltese jurisdiction. This document is essential when establishing controller-processor relationships that must comply with both EU GDPR and Maltese data protection laws. It should be implemented whenever a business relationship involves the processing of personal data of EU/Maltese residents, defining specific obligations regarding data security, breach notification, sub-processing, and international transfers. The addendum is particularly important given Malta's position as an EU member state and its growing technology and financial services sectors, where data processing activities are prevalent.
Data Privacy Addendum for Malta
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Data Privacy Addendum
"I need a Data Privacy Addendum for my Malta-based software company that will be processing EU customer data through cloud services, with plans to use sub-processors in India starting March 2025; the document must include international data transfer provisions and sub-processor management clauses."
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1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives
2. Background: Context of the relationship between parties and purpose of the DPA, including reference to the main agreement this addendum relates to
3. Definitions: Key terms used in the agreement, including those from GDPR and Maltese Data Protection Act
4. Scope and Purpose of Processing: Detailed description of the types of personal data being processed and the purposes of processing
5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with instructions
6. Technical and Organizational Measures: Security measures required to protect personal data, including encryption, access controls, and backup procedures
7. Sub-processing: Rules and restrictions regarding the appointment of sub-processors
8. Data Subject Rights: Procedures for handling data subject requests and processor's obligations to assist
9. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
10. Audit Rights: Controller's rights to audit the processor and processor's obligations to demonstrate compliance
11. Term and Termination: Duration of the DPA and conditions for termination
12. Return or Deletion of Data: Obligations regarding personal data upon termination of services
13. Liability and Indemnification: Allocation of responsibility and liability between parties
14. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA, including mechanisms for lawful transfers
2. Special Categories of Data: Required when processing sensitive personal data, detailing additional safeguards
3. Data Protection Impact Assessments: Required when processing is likely to result in high risk to individuals
4. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor
5. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
6. Business Continuity: Optional section detailing business continuity and disaster recovery requirements
1. Schedule 1 - Details of Processing: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specifications of security measures, access controls, and other technical safeguards
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Standard Contractual Clauses: EU Standard Contractual Clauses for international transfers if applicable
5. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for handling data breaches
6. Appendix B - Security Audit Requirements: Specific requirements and procedures for security audits and assessments
Authors
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Personnel
Authorized Sub-processor
Business Day
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Request
EEA
EU GDPR
General Data Protection Regulation
Good Industry Practice
International Transfer
Main Agreement
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Professional Fees
Restricted Transfer
Security Incident
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
Applicable Data Protection Laws
Authorized Personnel
Authorized Sub-processor
Business Day
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Request
EEA
EU GDPR
General Data Protection Regulation
Good Industry Practice
International Transfer
Main Agreement
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Professional Fees
Restricted Transfer
Security Incident
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
Clauses
Definitions
Scope
Data Processing
Confidentiality
Security
Sub-processing
Data Transfers
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Survival
Notice
Assignment
Severability
Entire Agreement
Governing Law
Jurisdiction
Compliance with Laws
Force Majeure
Amendment
Waiver
Scope
Data Processing
Confidentiality
Security
Sub-processing
Data Transfers
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Survival
Notice
Assignment
Severability
Entire Agreement
Governing Law
Jurisdiction
Compliance with Laws
Force Majeure
Amendment
Waiver
Relevant Industries
Technology and Software
Financial Services
Healthcare
E-commerce
Professional Services
Education
Telecommunications
Manufacturing
Retail
Insurance
Gaming and Entertainment
Hospitality
Consulting Services
Cloud Services
Marketing and Advertising
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Operations
Procurement
Privacy
Information Governance
Relevant Roles
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Information Security Officer
Chief Legal Officer
Chief Compliance Officer
Privacy Analyst
Data Protection Specialist
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