Joint Controller Agreement Template for Philippines

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Key Requirements PROMPT example:

Joint Controller Agreement

"I need a Joint Controller Agreement for a medical research collaboration between ABC Hospital and XYZ Research Institute in Manila, starting March 2025, covering the sharing of patient data for cancer research, compliant with Philippine healthcare regulations."

Document background

The Joint Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in the Philippines. This document is required for compliance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations, as well as relevant National Privacy Commission circulars. It becomes necessary when organizations collaborate on projects or initiatives involving shared data processing responsibilities, such as joint research projects, shared service platforms, or collaborative business ventures. The agreement must clearly delineate each party's responsibilities for compliance with data protection obligations, including security measures, data subject rights management, and breach notification procedures. This document is particularly crucial as it helps organizations avoid ambiguity in their respective roles and ensures clear accountability in their joint data processing activities.

Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement, including their legal names, registration details, and principal places of business

2. Background: Context of the agreement, description of the joint processing activities, and the relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, including those from the Data Privacy Act and other relevant legislation

4. Scope and Purpose: Detailed description of the joint processing activities, categories of personal data, and purposes of processing

5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers for compliance with data protection obligations

6. Data Subject Rights: Procedures for handling data subject requests and designation of contact points for data subjects

7. Security Measures: Technical and organizational measures implemented by both parties to ensure data protection

8. Data Breach Notification: Procedures for notifying each other and the NPC of personal data breaches

9. Liability and Indemnification: Allocation of liability between parties and indemnification provisions

10. Term and Termination: Duration of the agreement and circumstances for termination

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

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the Philippines, including mechanisms for ensuring adequate protection

2. Subprocessing: Include when either party may engage subprocessors for the joint processing activities

3. Insurance: Include when parties require specific insurance coverage for data protection risks

4. Audit Rights: Include when parties want specific rights to audit each other's compliance

5. Business Continuity: Include when the joint processing activities are critical and require specific business continuity measures

6. Data Protection Impact Assessment: Required when processing is likely to result in high risks to data subjects

Suggested Schedules

1. Description of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations

2. Technical and Organizational Measures: Detailed security measures implemented by both parties

3. Contact Points and Responsible Persons: List of key contacts, including Data Protection Officers and operational contacts

4. Data Subject Rights Procedure: Detailed procedures for handling data subject requests

5. Data Breach Response Plan: Detailed procedures for responding to and managing data breaches

6. Approved Subprocessors: List of approved subprocessors and their processing activities, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Healthcare

Education

Financial Services

Technology

Telecommunications

Government

Research and Development

Retail

Professional Services

Insurance

Manufacturing

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Information Technology

Risk Management

Operations

Business Development

Corporate Governance

Privacy Office

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Officer

Chief Technology Officer

Project Manager

Business Development Manager

Operations Director

Chief Executive Officer

Contract Manager

Privacy Analyst

Information Governance Manager

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Authors

Alex Denne

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