Data Protection Agreement for Malta
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Data Protection Agreement
"I need a Data Protection Agreement for my Malta-based fintech company that processes customer payment data across the EU and UK, with plans to use AWS cloud services in Ireland starting March 2025; the agreement should include provisions for AI-driven fraud detection."
Your data doesn't train Genie's AI
You keep IP ownership of your information
1. Parties: Identification of the data controller and data processor, including their registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of data processing
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes
5. Duration of Processing: Timeframe for the data processing activities and agreement term
6. Nature and Purpose of Processing: Specific details about how data will be processed and the legitimate basis for processing
7. Obligations of the Data Processor: Core processor obligations under GDPR Article 28, including security measures, confidentiality, and sub-processor requirements
8. Obligations of the Data Controller: Controller's responsibilities and duties in relation to the processing activities
9. Technical and Organizational Measures: Security measures to be implemented to protect personal data
10. Sub-processing: Conditions and requirements for engaging sub-processors
11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
12. Data Breach Notification: Procedures and timeframes for reporting data breaches
13. Audit Rights: Controller's rights to audit processor's compliance
14. Termination: Conditions for termination and data handling upon termination
15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA
2. Special Categories of Data: Required when processing sensitive personal data as defined in GDPR Article 9
3. Data Protection Impact Assessment: 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
6. Processor Personnel: Detailed requirements for staff training and confidentiality obligations
7. Business Continuity and Disaster Recovery: Required for critical processing activities
8. Exit Management: Detailed procedures for transitioning services to another processor
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms if applicable
5. Schedule 5 - Security Breach Notification Form: Template for reporting data breaches
6. Schedule 6 - Contact Details: Key contacts for both parties for operational and emergency matters
7. Appendix A - Data Processing Impact Assessment: If required, detailed assessment of processing risks
8. Appendix B - Standard Contractual Clauses: If international transfers are involved, EU approved SCCs
Authors
Applicable Data Protection Laws
Authorised Sub-processor
Business Day
Business Hours
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Request
EEA
GDPR
Information Commissioner
International Transfer
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Restricted Transfer
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organisational Measures
Term
Third Country
Transfer Mechanisms
Information Society Services
Binding Corporate Rules
Confidential Information
Data Protection Officer
Force Majeure Event
Group
Representatives
Security Breach
Working Day
Scope of Processing
Processor Obligations
Controller Obligations
Sub-processing
Data Security
Confidentiality
Data Subject Rights
Personal Data Breach
Data Protection Impact Assessment
Cross-border Transfers
Audit Rights
Liability and Indemnification
Insurance
Term and Termination
Return or Destruction of Data
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Manufacturing
Telecommunications
Insurance
Human Resources
Marketing and Advertising
Research and Development
Government and Public Sector
Retail
Legal
Compliance
Information Security
IT
Risk Management
Operations
Procurement
Data Protection
Privacy
Information Governance
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Operations Director
Project Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Data Protection Consultant
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