DPA Data Privacy Agreement Template for Philippines

The DPA Data Privacy Agreement is essential for organizations operating in or engaging with entities in the Philippines who process personal data. This document becomes necessary when one party (the data controller) engages another party (the data processor) to process personal information on its behalf. The agreement ensures compliance with the Philippine Data Privacy Act of 2012 (RA 10173), its Implementing Rules and Regulations, and relevant National Privacy Commission issuances. It covers critical aspects such as data protection obligations, security measures, breach notification procedures, and data subject rights. The agreement is particularly important in the context of outsourcing, cloud services, and any business relationship involving personal data processing, whether domestic or international. It serves as a crucial tool for demonstrating accountability and compliance with Philippine data privacy regulations.

1. Parties: Identification of the contracting parties, including their roles as data controller and/or data processor

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, aligned with the Data Privacy Act definitions

4. Scope and Purpose: Details of the personal data processing activities covered by the agreement

5. Data Protection Principles: Commitment to comply with the fundamental principles of data protection under Philippine law

6. Obligations of the Data Controller: Specific responsibilities and commitments of the data controller

7. Obligations of the Data Processor: Specific responsibilities and commitments of the data processor

8. Security Measures: Technical and organizational measures required to protect personal data

9. Data Breach Notification: Procedures for handling and reporting data breaches

10. Confidentiality: Obligations regarding confidentiality of personal data

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

12. Term and Termination: Duration of the agreement and conditions for termination

13. Return or Destruction of Data: Procedures for handling personal data upon agreement termination

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes