The Processor to Processor DPA is essential when a data processor needs to engage another processor (sub-processor) for carrying out specific processing activities on behalf of a data controller. This agreement is particularly crucial in Malta's legal framework, which follows both local data protection laws and EU GDPR requirements. The document outlines the obligations of both processors, ensures appropriate safeguards for personal data, and maintains the chain of responsibility back to the original controller. It's commonly used in outsourcing arrangements, cloud services, and other scenarios where data processing activities are delegated. The agreement includes detailed technical and organizational measures, data breach procedures, and compliance requirements specific to Maltese jurisdiction, making it a critical tool for maintaining data protection compliance in sub-processing relationships.

1. Parties: Identification of both processors, including registered addresses and company details

2. Background: Context of the agreement, including reference to the primary controller-processor relationship and the need for this sub-processing arrangement

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions

4. Scope and Purpose: Details of the processing activities to be carried out, including types of data, categories of data subjects, and processing purposes

5. Duration: Term of the agreement and conditions for termination

6. Processor Obligations: Core obligations of the second processor, including compliance with instructions, confidentiality, and security measures

7. Sub-processing: Conditions and requirements for engaging additional sub-processors

8. Technical and Organizational Measures: Specific security measures to be implemented to ensure data protection

9. Data Subject Rights: Procedures for handling data subject requests and assisting the first processor

10. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

11. Audit Rights: Rights and procedures for conducting audits and inspections

12. Data Return and Deletion: Obligations regarding data handling upon termination of services

13. Liability and Indemnity: Allocation of responsibility and liability between the parties

14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes