Joint Controller Data Processing Agreement Template for Philippines

The Joint Controller Data Processing 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 (NPC) circulars. The agreement should be used when organizations share decision-making authority over data processing activities, such as joint research projects, shared service platforms, or collaborative marketing initiatives. It details the allocation of responsibilities, data protection measures, breach notification procedures, and mechanisms for handling data subject requests. The document ensures clear accountability and transparency in joint processing operations while protecting both the controllers' interests and data subjects' rights under Philippine law.

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the joint processing relationship and purpose of the agreement

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

4. Scope and Purpose: Detailed description of the joint processing activities and their purposes

5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers, including primary points of contact

6. Data Protection Principles: Commitment to comply with data protection principles under Philippine law

7. Legal Basis for Processing: Identification of legal grounds for processing under the Data Privacy Act

8. Data Subject Rights: Procedures for handling data subject requests and allocation of responsibilities

9. Data Security: Security measures to be implemented by both parties

10. Personal Data Breach Management: Procedures for handling and reporting data breaches

11. Confidentiality: Obligations regarding confidentiality of personal data and business information

12. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

13. Term and Termination: Duration of the agreement and termination provisions

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