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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."
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
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
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
Applicable Data Protection Laws
Authorized Personnel
Business Day
Confidential Information
Consent
Controller-to-Controller Transfer
Controller-to-Processor Transfer
Cross-border Transfer
Data Controller
Data Breach
Data Processing Agreement
Data Processor
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
Information and Communications System
International Data Transfer
Law Enforcement Request
National Privacy Commission
Personal Data
Personal Data Breach
Personal Information
Personal Information Controller
Personal Information Processor
Privacy Impact Assessment
Processing
Privileged Information
Receiving Party
Representatives
Security Incident
Security Measures
Sensitive Personal Information
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer
Scope of Processing
Data Protection Compliance
Data Subject Rights
Security Requirements
Confidentiality
Data Breach Notification
Sub-processing
Audit Rights
Cross-border Transfers
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Relationship of Parties
Counterparts
Costs
Third Party Rights
Data Retention
Return or Destruction
Regulatory Compliance
Service Levels
Business Continuity
Personnel Obligations
Intellectual Property
Warranties
Record Keeping
Financial Services
Healthcare
Technology
E-commerce
Telecommunications
Education
Professional Services
Manufacturing
Retail
Insurance
Government
Business Process Outsourcing
Real Estate
Transportation
Hospitality
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Privacy
Operations
Information Governance
Procurement
Vendor Management
Corporate Governance
Regulatory Affairs
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
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