Joint Controller Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Joint Controller Data Sharing Agreement

"I need a Joint Controller Data Sharing Agreement for a collaboration between a medical research institution and a university in Manila, with specific provisions for handling sensitive health data and research findings, to be implemented by March 2025."

Document background
This Joint Controller Data Sharing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in the Philippines. It is specifically designed to comply with the requirements of the Data Privacy Act of 2012 and related regulations issued by the National Privacy Commission. The document should be used when organizations need to establish clear protocols for joint data processing activities, defining roles, responsibilities, and liability allocation. It includes crucial provisions for data protection, security measures, breach notification procedures, and data subject rights management. This agreement is particularly important in scenarios where multiple entities share decision-making authority over data processing operations, such as joint ventures, collaborative research projects, or shared service arrangements. The document helps organizations demonstrate compliance with Philippine privacy laws while providing a practical framework for coordinated data processing activities.
Suggested Sections

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

2. Background: Context of the data sharing arrangement and the relationship between the parties

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

4. Scope and Purpose: Define the scope of data sharing activities and legitimate purposes for processing

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

6. Categories of Personal Data: Specification of personal data types being processed and shared

7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under the Data Privacy Act

8. Data Protection Measures: Security measures and safeguards implemented by both parties

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

10. Compliance with Privacy Laws: Commitments to comply with the Data Privacy Act and other relevant regulations

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

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

13. 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

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

3. Insurance Requirements: Include when specific insurance coverage is required for data protection

4. Audit Rights: Include when parties require mutual audit rights beyond statutory requirements

5. Cost Allocation: Include when there are specific costs to be shared between the controllers

6. Data Retention and Deletion: Include when specific retention periods or deletion procedures need to be defined

7. Business Continuity: Include when specific business continuity requirements are needed

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, purposes, and data categories

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

3. Schedule 3 - Data Subject Request Procedure: Detailed procedures for handling data subject rights requests

4. Schedule 4 - Contact Details: Key contacts for operational, technical, and legal matters

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches

6. Appendix A - Privacy Impact Assessment: Summary of privacy impact assessment for the data sharing arrangement

7. Appendix B - Standard Forms: Templates for routine communications and requests between parties

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

Relevant legal definitions
Relevant Industries

Healthcare

Insurance

Education

Financial Services

Technology

Government

Research & Development

Retail

Telecommunications

Professional Services

E-commerce

Manufacturing

Transportation & Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Privacy

Information Governance

Data Management

Project Management

Business Development

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Director

Business Development Manager

Project Manager

Privacy Analyst

Information Governance Manager

Chief Information Security Officer

Chief Legal Officer

Chief Technology Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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