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Third Party Data Sharing Agreement

Third Party Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Third Party Data Sharing Agreement

"I need a Third Party Data Sharing Agreement for my healthcare tech company based in Manila to share patient data with our cloud service provider, ensuring compliance with Philippine healthcare regulations and including specific provisions for handling sensitive medical information."

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Document background
The Third Party Data Sharing Agreement is essential for organizations operating in the Philippines that need to share personal or sensitive personal information with third parties while maintaining compliance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations. This document becomes necessary when an organization (the data controller) needs to share personal data with another entity for specific, documented purposes such as service provision, research, or business operations. The agreement must address mandatory requirements set by the National Privacy Commission, including purpose specification, security measures, data subject rights, and breach notification procedures. It's particularly crucial given the strict penalties for non-compliance with Philippine data protection laws and the increasing focus on data privacy in business operations.
Suggested Sections

1. Parties: Identification of the data controller/provider and the third party recipient, including their registered addresses and authorized representatives

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

3. Definitions: Detailed definitions of key terms used in the agreement, including types of data, processing activities, and technical terms

4. Purpose and Scope: Specific purposes for which data will be shared and processed, including limitations on use

5. Data Protection Obligations: Core obligations regarding data protection, security measures, and compliance with the Data Privacy Act

6. Data Transfer Mechanisms: Methods and procedures for transferring data between parties, including security protocols

7. Confidentiality: Obligations to maintain confidentiality of shared data and any business information

8. Security Measures: Required technical and organizational security measures for data protection

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under the DPA

10. Breach Notification: Procedures and timeframes for reporting and handling data breaches

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

12. Liability and Indemnification: Allocation of liability and indemnification obligations

13. Term and Termination: Duration of the agreement, renewal terms, and termination rights

14. Post-Termination Obligations: Obligations that survive termination, including data deletion or return

15. General Provisions: Standard contractual provisions including governing law, dispute resolution, and amendments

Optional Sections

1. Cross-Border Transfer Provisions: Required when data will be transferred outside the Philippines, including additional safeguards and compliance requirements

2. Subprocessing: Include when the third party may engage subprocessors to handle the shared data

3. Industry-Specific Compliance: Additional provisions for specific regulated industries (e.g., healthcare, banking)

4. Data Monetization Rights: Include when there are provisions for commercial use or monetization of anonymized data

5. Business Continuity: Detailed continuity and disaster recovery requirements for critical data sharing arrangements

6. Insurance Requirements: Specific insurance obligations for high-risk data sharing activities

7. Service Levels: Include when specific performance metrics and standards are required for data sharing activities

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of data categories to be shared, including personal and sensitive personal information

2. Schedule 2 - Technical and Security Requirements: Detailed technical specifications for data transfer, storage, and security measures

3. Schedule 3 - Data Processing Activities: Detailed description of permitted processing activities and purposes

4. Schedule 4 - Contact Details and Escalation Protocol: Key contacts and escalation procedures for operational and emergency situations

5. Schedule 5 - Service Levels and Metrics: Detailed service levels and performance metrics if applicable

6. Appendix A - Data Transfer Procedures: Step-by-step procedures for secure data transfer

7. Appendix B - Security Incident Response Plan: Detailed procedures for handling and reporting security incidents and data breaches

8. Appendix C - Compliance Checklist: Checklist of compliance requirements under Philippine data protection laws

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Personnel
Business Day
Confidential Information
Consent
Data Breach
Data Controller
Data Privacy Act
Data Processor
Data Protection Officer
Data Recipient
Data Security Standards
Data Sharing
Data Subject
Data Transfer Mechanisms
Effective Date
Force Majeure Event
Implementing Rules and Regulations
Information Security Incident
Intellectual Property Rights
National Privacy Commission
Personal Data
Personal Information
Processing
Sensitive Personal Information
Security Measures
Services
Shared Data
Subprocessor
Technical and Organizational Measures
Term
Third Party
Transfer
Unauthorized Access
Data Protection Impact Assessment
Permitted Purpose
Privacy Notice
Records of Processing Activities
Regulatory Authority
Clauses
Definitional
Purpose
Scope
Data Protection
Data Transfer
Security
Confidentiality
Compliance
Audit Rights
Representations and Warranties
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Data Subject Rights
Breach Notification
Cross-Border Transfer
Data Retention
Return or Destruction of Data
Access Control
Reporting
Anti-Bribery
Intellectual Property
Costs
Non-Solicitation
Waiver
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Education

Insurance

Telecommunications

Business Process Outsourcing

Real Estate

Professional Services

Manufacturing

Retail

Transportation and Logistics

Government and Public Sector

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Protection

Risk Management

Operations

Privacy

Data Governance

Procurement

Business Development

Contract Management

Regulatory Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Security Officer

IT Director

Chief Technology Officer

Operations Manager

Project Manager

Business Development Manager

Contract Manager

Privacy Analyst

Data Governance Manager

Chief Operations Officer

Chief Legal Officer

Information Management Officer

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): The primary legislation governing personal data protection in the Philippines, establishing requirements for processing and sharing personal information, including rights of data subjects and obligations of personal information controllers and processors
Implementing Rules and Regulations of the Data Privacy Act of 2012: Detailed regulations that provide specific requirements and procedures for compliance with the Data Privacy Act, including guidelines for data sharing arrangements
NPC Circular No. 16-02 on Data Sharing Agreements: Specific guidelines from the National Privacy Commission regarding the mandatory contents of data sharing agreements and the requirements for lawful data sharing
Civil Code of the Philippines (Republic Act No. 386): General contract law provisions that govern the formation, validity, and enforcement of contracts, including data sharing agreements
NPC Circular No. 2020-03: Guidelines on personal data breach notification and management, which must be considered in data sharing agreements for incident response and liability allocation
E-Commerce Act of 2000 (Republic Act No. 8792): Relevant for data sharing agreements involving electronic data transfer and electronic documents, providing legal recognition of electronic documents and signatures
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Provisions relevant to data security and cybercrime prevention that should be considered in data protection measures within the agreement
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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