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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."
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
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
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
Applicable Data Protection Laws
Authorized Personnel
Confidential Information
Consent
Data Controller
Data Processor
Data Protection Officer
Data Subject
Data Subject Rights
Information and Communications System
National Privacy Commission
Personal Data
Personal Data Breach
Personal Information
Processing
Security Incident
Security Measures
Sensitive Personal Information
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer
Privileged Information
Data Protection Impact Assessment
Cross-border Transfer
Material Breach
Force Majeure
Legitimate Purpose
Privacy Notice
Processing System
Data Sharing
Direct Marketing
Anonymization
Pseudonymization
Data Portability
Storage Period
Minimum Security Requirements
Scope of Processing
Data Protection
Data Subject Rights
Confidentiality
Security Measures
Breach Notification
Sub-processing
Cross-border Transfer
Audit Rights
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Notices
Warranties
Insurance
Dispute Resolution
Governing Law
Severability
Entire Agreement
Variation
Data Retention
Compliance
Representatives
Technical Requirements
Service Levels
Emergency Procedures
Records Management
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
Legal
Compliance
Information Security
Information Technology
Privacy
Risk Management
Operations
Procurement
Human Resources
Data Governance
Vendor Management
Internal Audit
Corporate Affairs
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
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