Personal Data Agreement Template for Philippines

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Key Requirements PROMPT example:

Personal Data Agreement

"I need a Personal Data Agreement for my software company based in Manila that will be outsourcing customer support services to a BPO provider in Cebu, with processing starting from March 2025 and involving customer contact details and service interaction records."

Document background
The Personal Data Agreement is a crucial document required when organizations in the Philippines engage in the processing of personal data, whether as data controllers or data processors. This agreement becomes necessary when one organization processes personal data on behalf of another, or when multiple parties need to establish clear terms for handling personal information. The document ensures compliance with the Philippines' Data Privacy Act of 2012 and its implementing rules, addressing key requirements such as data protection measures, breach notification procedures, and data subject rights. It is particularly important in contexts where sensitive personal information is processed, where cross-border data transfers occur, or where complex data processing arrangements need to be formalized. The agreement helps organizations demonstrate their commitment to data protection and provides a clear framework for compliance with Philippine privacy laws.
Suggested Sections

1. Parties: Identification of the data controller and data processor/other parties, including their registered addresses and authorized representatives

2. Background: Context of the agreement, relationship between parties, and purpose of data processing

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

4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes

5. Data Protection Principles: Statement of compliance with the fundamental data protection principles under Philippine law

6. Rights of Data Subjects: Enumeration of data subject rights and procedures for exercising these rights

7. Security Measures: Technical and organizational measures to ensure data protection

8. Confidentiality Obligations: Confidentiality requirements for handling personal data

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

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

11. Return or Destruction of Data: Procedures for handling personal data upon agreement termination

12. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

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

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside the Philippines, specifying compliance with cross-border transfer requirements

2. Sub-processing: Include when the data processor may engage sub-processors, specifying conditions and requirements

3. Data Protection Impact Assessment: Required for high-risk processing activities or large-scale processing operations

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

5. Audit Rights: Optional section detailing the controller's right to audit the processor's compliance

6. Force Majeure: Include when specific provisions for handling data protection during force majeure events are needed

7. Special Categories of Data: Required when processing sensitive personal information as defined in the Data Privacy Act

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed

2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures and controls implemented

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their roles, if applicable

4. Schedule 4 - Data Processing Activities: Detailed description of processing activities and purposes

5. Schedule 5 - Contact Details and Escalation Procedures: Contact information for key personnel and escalation procedures

6. Appendix A - Data Subject Request Procedures: Detailed procedures for handling data subject requests

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

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

Financial Services

Healthcare

Technology and Software

E-commerce

Education

Telecommunications

Business Process Outsourcing

Insurance

Real Estate

Retail

Professional Services

Human Resources Services

Marketing and Advertising

Tourism and Hospitality

Manufacturing

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Risk Management

Operations

Procurement

Human Resources

Data Governance

Vendor Management

Internal Audit

Corporate Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Chief Legal Officer

Chief Compliance Officer

Privacy Manager

Information Security Manager

Compliance Manager

Legal Counsel

IT Director

Risk Manager

Operations Director

Project Manager

Business Development Manager

Procurement Manager

Vendor Management Officer

Information Technology Manager

Human Resources Director

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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