A Sub Processing Agreement is essential when a data processor needs to engage another entity (sub-processor) to carry out specific processing activities on its behalf. This agreement is particularly crucial in the Maltese legal context, where compliance with both EU GDPR and national data protection laws is mandatory. The document establishes the sub-processor's obligations, including implementing appropriate technical and organizational measures, ensuring confidentiality, managing data breaches, and facilitating audits. It should be used whenever a processor delegates any data processing activities to a third party, ensuring clear accountability and compliance with data protection requirements. The agreement typically includes detailed specifications about the processing activities, security measures, and data handling procedures, all framed within Malta's legal requirements and EU regulations.
Sub Processing Agreement for Malta
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Key Requirements PROMPT example:
Sub Processing Agreement
"I need a Sub Processing Agreement under Maltese law for our cloud storage provider who will be processing customer data on our behalf, with particular emphasis on international data transfers as they operate data centers in both the EU and Singapore."
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1. Parties: Identification of the main processor (as client) and the sub-processor (as service provider)
2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose: Details of the sub-processing activities, types of data, and purposes of processing
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Sub-processor Obligations: Core obligations including processing only on documented instructions, confidentiality, security measures, and data breach notification requirements
7. Technical and Organizational Measures: Specific security measures and controls implemented by the sub-processor
8. Audit Rights: Main processor's rights to audit and inspect the sub-processor's facilities and processes
9. Data Subject Rights: Obligations to assist with data subject requests and maintain appropriate records
10. Return or Deletion of Data: Procedures for handling personal data upon termination of services
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard contractual terms including governing law, jurisdiction, and amendment procedures
1. International Data Transfers: Required when personal data will be transferred outside the EEA, incorporating appropriate transfer mechanisms
2. Sub-sub-processors: Include when the sub-processor may need to engage additional sub-processors
3. Insurance Requirements: Specific insurance obligations for high-risk processing activities
4. Business Continuity: Detailed business continuity and disaster recovery requirements for critical processing activities
5. Sector-Specific Compliance: Additional requirements for specific sectors like healthcare or financial services
6. Joint Controller Provisions: Required if the processing arrangement involves joint controller relationships
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects, types of personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures, including access controls, encryption standards, and monitoring procedures
3. Schedule 3 - Approved Sub-sub-processors: List of approved further sub-processors if applicable
4. Schedule 4 - Data Transfer Mechanisms: Standard Contractual Clauses or other transfer mechanisms if international transfers are involved
5. Schedule 5 - Service Levels: Performance metrics and service levels for the sub-processing activities
6. Appendix A - Main Processing Agreement: Reference copy or relevant excerpts from the main processing agreement
7. Appendix B - Data Breach Response Plan: Procedures and contact details for data breach notification and response
Authors
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Persons
Business Day
Business Hours
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU GDPR
Force Majeure Event
GDPR
Information Commissioner
Main Processing Agreement
Malta DPA
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 Organizational Measures
Term
Third Country
Transfer Mechanisms
Working Day
Applicable Data Protection Laws
Authorized Persons
Business Day
Business Hours
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
EU GDPR
Force Majeure Event
GDPR
Information Commissioner
Main Processing Agreement
Malta DPA
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 Organizational Measures
Term
Third Country
Transfer Mechanisms
Working Day
Clauses
Interpretation
Appointment
Duration
Data Protection
Sub-processing
Security
Confidentiality
Audit Rights
Data Breach
Liability
Indemnification
Insurance
International Transfer
Compliance
Technical Requirements
Service Levels
Termination
Exit Management
Force Majeure
Assignment
Variation
Notices
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Data Subject Rights
Records Management
Reporting
Personnel
Warranties
Regulatory Compliance
Appointment
Duration
Data Protection
Sub-processing
Security
Confidentiality
Audit Rights
Data Breach
Liability
Indemnification
Insurance
International Transfer
Compliance
Technical Requirements
Service Levels
Termination
Exit Management
Force Majeure
Assignment
Variation
Notices
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Data Subject Rights
Records Management
Reporting
Personnel
Warranties
Regulatory Compliance
Relevant Industries
Information Technology
Cloud Services
Financial Services
Healthcare
E-commerce
Telecommunications
Professional Services
Insurance
Banking
Education
Human Resources
Marketing Services
Consulting
Legal Services
Digital Services
Relevant Teams
Legal
Compliance
Information Security
Data Protection
IT
Procurement
Risk Management
Operations
Privacy
Information Governance
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Procurement Manager
Risk Manager
Operations Director
Head of Compliance
Privacy Manager
Contract Manager
Chief Legal Officer
Data Protection Manager
Information Governance Manager
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