Data Privacy Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Data Privacy Contract

"I need a Data Privacy Contract for my Saudi-based healthcare technology company that will be using a cloud service provider to process patient data starting March 2025, with specific provisions for handling sensitive medical information and compliance with healthcare sector regulations."

Document background
A Data Privacy Contract is essential for organizations operating in or dealing with personal data in Saudi Arabia, where it's required under the Personal Data Protection Law (PDPL) and its implementing regulations. This contract type is particularly crucial when an organization (data controller) engages another party (data processor) to process personal data on its behalf. The agreement ensures both parties understand and comply with their obligations under Saudi law, including specific requirements for data protection, security measures, breach notifications, and data subject rights. It becomes especially important in contexts involving sensitive personal data, cross-border data transfers, or complex processing operations. The contract must align with both the PDPL and Sharia law principles, making it a fundamental document for establishing compliant data processing relationships in Saudi Arabia.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of terms used in the agreement, aligned with PDPL terminology

4. Scope and Purpose: Define the scope of data processing activities and legitimate purposes

5. Data Protection Principles: Outline of fundamental principles for processing personal data under Saudi law

6. Data Controller Obligations: Responsibilities and obligations of the data controller under PDPL

7. Data Processor Obligations: Detailed processor obligations including processing only on documented instructions

8. Security Measures: Technical and organizational security measures required to protect personal data

9. Confidentiality: Confidentiality obligations regarding personal data and processing activities

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

11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

12. Records of Processing: Requirements for maintaining processing records and documentation

13. Audit Rights: Controller's right to audit processor's compliance

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

15. Return or Deletion of Data: Obligations regarding data handling upon contract termination

16. Governing Law and Jurisdiction: Specification of Saudi Arabian law and jurisdiction

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside Saudi Arabia

2. Sub-processing: Include when the processor may engage sub-processors

3. Specific Processing Activities: Detailed terms for special categories of personal data or specific processing activities

4. Insurance Requirements: Specific insurance obligations for high-risk processing activities

5. Data Protection Impact Assessment: Requirements for DPIAs when processing poses high risks

6. Compliance with Sector-Specific Regulations: Additional requirements for specific sectors (e.g., healthcare, financial)

7. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing

8. Local Representative: Required when parties are not established in Saudi Arabia

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of authorized processing activities, 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 authorized sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of international transfer mechanisms and safeguards

5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for data processing activities

6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix B - Compliance Checklist: Checklist of PDPL compliance requirements and documentation

8. Appendix C - Contact Details: Key contacts for data protection matters and breach reporting

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

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Government Services

Cloud Services

Consulting

Insurance

Real Estate

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Data Protection

Privacy

Procurement

Information Governance

Regulatory Affairs

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Manager

Legal Counsel

Compliance Officer

IT Director

Risk Manager

Information Security Manager

Operations Manager

Contract Manager

Chief Technology Officer

Data Protection Specialist

Privacy Analyst

Regulatory Compliance Manager

Information Governance 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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