Personal Data Processing Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Personal Data Processing Agreement

"I need a Personal Data Processing Agreement for our Saudi-based cloud services company that will be processing customer data for European clients starting January 2025, with specific provisions for cross-border transfers and GDPR compliance while maintaining alignment with Saudi PDPL."

Document background
The Personal Data Processing Agreement is essential for organizations operating in Saudi Arabia that process personal data on behalf of others. This agreement has become particularly crucial following the implementation of Saudi Arabia's Personal Data Protection Law (PDPL) in March 2023, which introduced strict requirements for data processing activities. The document establishes the framework for compliant data processing relationships, defining roles, responsibilities, and obligations of both controllers and processors. It includes essential provisions for data security, breach notification, cross-border transfers, and audit rights, while ensuring alignment with Saudi regulatory requirements including data localization rules and Sharia principles. This agreement is fundamental for demonstrating compliance with Saudi data protection regulations and establishing clear accountability in data processing operations.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including full legal names and registration details

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

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

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their purposes

5. Duration of Processing: Term of the processing activities and conditions for termination

6. Nature and Categories of Personal Data: Specification of personal data types to be processed and categories of data subjects

7. Obligations of the Data Processor: Core responsibilities including security measures, confidentiality, and processing limitations

8. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing and instructions

9. Technical and Organizational Measures: Security measures required to protect personal data

10. Sub-processing: Conditions and requirements for engaging sub-processors

11. Data Subject Rights: Procedures for handling data subject requests and rights under PDPL

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

13. Cross-border Data Transfers: Rules and requirements for international data transfers

14. Audit Rights: Controller's rights to audit processor's compliance

15. Termination and Data Deletion: Procedures for agreement termination and data handling post-termination

16. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes

Optional Sections

1. Data Localization Requirements: Specific provisions for maintaining data within Saudi Arabia, required when processing sensitive data or government data

2. Shariah Compliance: Additional provisions ensuring compliance with Islamic law principles, particularly relevant for financial institutions

3. Special Categories of Personal Data: Additional safeguards for processing sensitive personal data, required when handling health, biometric, or other sensitive data

4. Government Access Requests: Procedures for handling government requests for data access, particularly relevant for public sector contracts

5. Business Continuity: Provisions for ensuring continuous data processing services, important for critical services

6. Insurance Requirements: Specific insurance obligations, relevant for high-risk processing activities

7. Joint Controller Provisions: Additional provisions when multiple controllers are involved in determining processing purposes

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of specific processing activities, purposes, and data categories

2. Schedule 2 - Technical and Security Measures: Detailed technical and organizational security measures implemented by the processor

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers

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

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

7. Schedule 7 - Fees and Charges: Detailed breakdown of processing fees and payment terms

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

9. Appendix B - Audit Requirements: Specific procedures and requirements for compliance audits

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
Clauses
Relevant Industries

Technology and Software

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Government and Public Sector

Professional Services

Manufacturing

Retail

Insurance

Cloud Services

Consulting

Real Estate

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Data Governance

Procurement

Information Management

Corporate Affairs

Contract Management

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Privacy Manager

Contract Manager

Risk Manager

Chief Information Security Officer

Operations Manager

Project Manager

Chief Legal Officer

Data 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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