This Joint Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Malta. The document becomes necessary when organizations collaborate on projects, share databases, or run joint initiatives involving personal data processing. It must comply with both the EU General Data Protection Regulation (GDPR) and Maltese data protection laws, particularly the Maltese Data Protection Act (Chapter 586). The agreement defines each party's responsibilities, establishes procedures for ensuring data subject rights, outlines security measures, and determines liability distribution. It's particularly crucial for demonstrating compliance with GDPR Article 26, which requires joint controllers to determine their respective responsibilities for data protection obligations in a transparent manner.
Joint Controller Agreement for Malta
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Key Requirements PROMPT example:
Joint Controller Agreement
"I need a Joint Controller Agreement governed by Maltese law for a partnership between a healthcare provider and a medical research institute, including provisions for international data transfers to Germany and handling of special category medical data, to be effective from March 2025."
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1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing activities and relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Details of the joint processing activities covered by the agreement
5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers as required by GDPR Article 26
6. Data Protection Principles: Commitment to GDPR principles and lawful bases for processing
7. Data Subject Rights: Procedures for handling data subject requests and designated responsibilities
8. Security Measures: Required technical and organizational measures for data protection
9. Data Breach Notification: Procedures for handling and reporting personal data breaches
10. Liability and Indemnification: Distribution of liability between joint 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 for disputes
13. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments
1. International Data Transfers: Required when personal data is transferred outside the EEA
2. Sub-processors: Needed when joint controllers engage third-party processors
3. Insurance Requirements: Specific insurance obligations for high-risk processing activities
4. Audit Rights: Detailed audit provisions for complex processing operations
5. Business Continuity: Required for critical processing operations requiring continuous availability
6. Data Protection Impact Assessment: Needed for high-risk processing activities
7. Special Categories of Data: Required when processing special categories of personal data
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: Detailed procedures for responding to data breaches
5. Schedule 5 - Contact Points: Key contacts for each controller for various purposes (operational, legal, technical)
6. Appendix A - Information Notice Template: Template for informing data subjects about joint processing activities
7. Appendix B - Data Processing Map: Visual representation of data flows between joint controllers
Authors
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Business Day
Confidential Information
Consent
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
Effective Date
GDPR
Information Commissioner
Joint Controllers
Joint Processing Activities
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Schedule
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Party
Working Hours
Applicable Data Protection Laws
Business Day
Confidential Information
Consent
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
Effective Date
GDPR
Information Commissioner
Joint Controllers
Joint Processing Activities
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Schedule
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Party
Working Hours
Clauses
Interpretations and Definitions
Scope of Joint Control
Roles and Responsibilities
Data Protection Compliance
Security
Confidentiality
Data Subject Rights
Data Breach Notification
International Transfers
Sub-processing
Audit Rights
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Scope of Joint Control
Roles and Responsibilities
Data Protection Compliance
Security
Confidentiality
Data Subject Rights
Data Breach Notification
International Transfers
Sub-processing
Audit Rights
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Relevant Industries
Healthcare
Financial Services
Education
Technology
Retail
Insurance
Telecommunications
Professional Services
Research and Development
Public Sector
Marketing and Advertising
Real Estate
Transportation and Logistics
Non-profit Organizations
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Data Protection
Information Technology
Operations
Privacy
Corporate Governance
Business Development
Project Management
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 Technology Officer
Chief Operating Officer
Project Manager
Business Development Manager
Operations Director
Data Protection Specialist
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