Master Data Protection Agreement Template for Philippines

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Key Requirements PROMPT example:

Master Data Protection Agreement

"I need a Master Data Protection Agreement for my Philippines-based healthcare company that will be outsourcing patient data processing to a cloud service provider in Singapore, with the agreement to take effect from March 1, 2025."

Document background
The Master Data Protection Agreement serves as a crucial legal framework for organizations operating in the Philippines that engage in the processing of personal data. This agreement is essential when establishing relationships between data controllers and processors, or between joint controllers, ensuring compliance with the Data Privacy Act of 2012 and related regulations. It is particularly relevant in scenarios involving outsourcing, cloud services, or any situation where personal data is shared between organizations. The document comprehensively addresses security measures, breach notification procedures, data subject rights, and cross-border transfer requirements, while incorporating specific Philippine regulatory requirements and National Privacy Commission guidelines. This agreement should be implemented before any data processing activities commence and updated as regulatory requirements or processing activities evolve.
Suggested Sections

1. Parties: Identification of the contracting parties and their roles (e.g., data controller, data processor)

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

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

4. Scope and Purpose: Defines the scope of data processing activities and legitimate purposes covered by the agreement

5. Roles and Responsibilities: Detailed obligations of each party regarding data protection, processing, and compliance

6. Data Protection Principles: Commitment to core principles of data protection under Philippine law including lawfulness, fairness, and transparency

7. Security Measures: Required technical and organizational security measures for protecting personal data

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

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

10. Confidentiality: Obligations regarding confidentiality of personal data and security information

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

12. Sub-processing: Rules and requirements for engaging sub-processors

13. Cross-border Data Transfers: Requirements and safeguards for international data transfers

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

15. Return or Destruction of Data: Obligations regarding personal data upon termination

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

Optional Sections

1. Data Protection Impact Assessment: Requirements for DPIAs when processing poses high risks - include when processing involves sensitive personal information or large-scale processing

2. Special Categories of Data: Additional safeguards for sensitive personal information - include when processing sensitive personal data

3. Insurance Requirements: Specific insurance obligations for data protection - include for high-risk processing or when dealing with sensitive data

4. Service Levels: Specific performance metrics for data protection services - include when the agreement includes operational service requirements

5. Business Continuity: Business continuity and disaster recovery requirements - include for critical data processing operations

6. Joint Controller Provisions: Specific provisions for joint controller arrangements - include when parties are acting as joint controllers

7. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services) - include when operating in regulated industries

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all data processing activities, including categories of data subjects and personal data

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect personal data

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers

5. Schedule 5 - Contact Points: Key contacts for operational, security, and breach notification matters

6. Schedule 6 - Service Levels: Detailed service levels and performance metrics if applicable

7. Appendix A - Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches

8. Appendix B - Compliance Checklist: Checklist of compliance requirements under Philippine data protection law

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
Clauses
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Government

Business Process Outsourcing

Real Estate

Transportation

Hospitality

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Information Governance

Procurement

Vendor Management

Corporate Governance

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Chief Information Security Officer

Privacy Manager

Contracts Manager

Chief Legal Officer

Chief Compliance Officer

Operations Director

Chief Technology Officer

Data Protection Specialist

Information Governance Manager

Privacy Analyst

Compliance Officer

Legal Operations Manager

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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