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Data Outsourcing Agreement

Data Outsourcing Agreement Template for Singapore

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Key Requirements PROMPT example:

Data Outsourcing Agreement

"I need a Data Outsourcing Agreement for my Singapore-based fintech company that will be outsourcing customer data processing to a cloud service provider in Australia, with specific provisions for cross-border transfers and financial sector compliance requirements, to be implemented by March 2025."

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What is a Data Outsourcing Agreement?

The Data Outsourcing Agreement is essential when an organization engages external service providers to process personal data on its behalf. This agreement is particularly crucial in Singapore's regulatory environment, where the PDPA imposes strict obligations on data protection. The document outlines specific responsibilities, security measures, and compliance requirements, ensuring both parties understand their obligations in protecting personal data. It covers key aspects such as data handling procedures, breach notifications, audit rights, and cross-border transfer requirements, making it a fundamental document for any data processing relationship.

What sections should be included in a Data Outsourcing Agreement?

1. Parties: Identification of the data controller (client) and data processor (service provider)

2. Background: Context of the agreement and brief description of the outsourcing arrangement

3. Definitions: Key terms including Personal Data, Processing, Data Protection Laws, Security Breach, etc.

4. Scope of Services: Detailed description of data processing activities and services to be provided

5. Data Protection Obligations: Core compliance requirements under PDPA and other applicable laws

6. Security Measures: Technical and organizational measures for data protection

7. Breach Notification: Procedures for reporting and handling data breaches

8. Audit Rights: Client's rights to audit compliance and data processing activities

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

What sections are optional to include in a Data Outsourcing Agreement?

1. Cross-border Transfers: Requirements for international data transfers when data will be processed outside Singapore

2. Sector-Specific Requirements: Additional obligations for specific regulated industries such as finance, healthcare, etc.

3. Sub-processing: Terms for engaging sub-processors when service provider may use third-party processors

4. Insurance Requirements: Specific insurance coverage requirements for high-risk data processing activities

What schedules should be included in a Data Outsourcing Agreement?

1. Schedule 1: Description of Processing: Detailed description of data types, purposes, and processing activities

2. Schedule 2: Security Measures: Technical and organizational security measures specification

3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors if applicable

4. Schedule 4: Data Transfer Mechanisms: Details of cross-border transfer arrangements if applicable

5. Schedule 5: Service Levels: Performance metrics and service level requirements

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

7. Appendix B: Audit Requirements: Specific procedures and requirements for 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

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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Authorised Personnel
Authorised Sub-processor
Business Contact Information
Business Day
Clinical Data
Confidential Information
Controller
Cross-border Transfer
Data Migration
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Disaster Recovery Plan
Effective Date
Financial Data
Force Majeure Event
Healthcare Information
Industry Standards
Intellectual Property Rights
Material Breach
Patient Data
Payment Card Data
PDPA
Permitted Purpose
Personal Data
Processing
Processor
Regulated Data
Regulatory Authority
Security Breach
Security Requirements
Sensitive Personal Data
Service Credits
Service Levels
Services
Storage Location
Technical and Organisational Measures
Term
Clauses
Interpretation
Definitions
Scope of Services
Data Protection Obligations
Processing Requirements
Security Measures
Confidentiality
Audit Rights
Data Breach Notification
Liability and Indemnification
Term and Termination
Return or Destruction of Data
Governing Law
Dispute Resolution
Service Levels
Performance Monitoring
Change Control
Business Continuity
Disaster Recovery
Force Majeure
Assignment and Subcontracting
Notice Requirements
Cross-border Transfer
Data Location
Data Retention
Data Subject Rights
Sub-processing
Data Migration
Fees and Payment
Intellectual Property
Warranties
Insurance
Non-solicitation
Exit Management
Industries

PDPA 2012: Primary legislation governing personal data protection in Singapore, setting out the regulatory framework for personal data collection, use, disclosure, and care

Personal Data Protection Regulations 2021: Updated regulations complementing PDPA, providing specific requirements for data protection, transfer, and management

Cybersecurity Act 2018: Legislation establishing cybersecurity framework and requirements for critical information infrastructure and cybersecurity service providers

Banking Act and MAS Guidelines: Sector-specific regulations for financial institutions handling data outsourcing, including requirements for data security and governance

Healthcare Services Act: Sector-specific legislation governing healthcare data handling and protection requirements

Telecoms Act: Sector-specific legislation for telecommunications providers, including data protection requirements

PDPC Advisory Guidelines on Key Concepts: Regulatory guidelines providing interpretation and practical guidance on PDPA implementation

PDPC Guide on Data Protection Clauses: Specific guidance for drafting data protection clauses in processing agreements

PDPC Guide to Data Protection by Design: Guidelines for implementing data protection measures in ICT systems and infrastructure

CBPR System: Cross Border Privacy Rules system providing framework for cross-border data transfers

ASEAN Framework on Personal Data Protection: Regional framework establishing principles for personal data protection across ASEAN member states

GDPR Compliance Requirements: Relevant when dealing with EU data subjects, establishing additional data protection requirements and transfer mechanisms

Data Protection Obligations: Core requirements including collection, use, disclosure, purpose limitation, consent, accuracy, protection, retention, transfer, and openness obligations

Security Measures Framework: Technical, administrative, and physical security controls required for data protection, including breach notification procedures

Cross-border Transfer Requirements: Specific requirements for international data transfers, including comparable protection standards and contractual safeguards

Operational Requirements: Practical implementation requirements including data handling procedures, access controls, audit rights, and data lifecycle management

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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