Data Sharing Agreement Controller To Processor Template for Singapore

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Key Requirements PROMPT example:

Data Sharing Agreement Controller To Processor

"I need a Data Sharing Agreement Controller To Processor for my Singapore-based fintech company to engage a cloud service provider to process customer payment data, with strict security measures and sub-processor restrictions to ensure PDPA compliance."

What is a Data Sharing Agreement Controller To Processor?

The Data Sharing Agreement Controller To Processor is essential when an organization (controller) engages another party (processor) to process personal data on its behalf. This agreement ensures compliance with Singapore's Personal Data Protection Act 2012 and related regulations, establishing clear responsibilities and obligations for both parties. It covers critical aspects such as data security, confidentiality, breach reporting, and cross-border transfers, while providing mechanisms for monitoring and ensuring compliance with data protection requirements.

What sections should be included in a Data Sharing Agreement Controller To Processor?

1. Parties: Identification of the Controller and Processor, including registration details

2. Background: Context of the data sharing arrangement and roles of parties

3. Definitions: Key terms used in the agreement including types of data

4. Scope and Purpose: Specific purposes for which data will be processed

5. Duration: Term of the agreement and renewal provisions

6. Obligations of the Processor: Core processing obligations and compliance requirements under PDPA

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

8. Data Breach Procedures: Notification and handling of data breaches

9. Termination: Termination rights and consequences including data deletion

What sections are optional to include in a Data Sharing Agreement Controller To Processor?

1. Cross-border Transfers: Terms governing international data transfers and compliance with Singapore cross-border requirements

2. Sub-processing: Terms and conditions for engaging and managing sub-processors

3. Industry-Specific Compliance: Additional compliance requirements for regulated industries (healthcare, banking, etc.)

What schedules should be included in a Data Sharing Agreement Controller To Processor?

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

2. Schedule 2 - Security Measures: Detailed technical and organizational security measures specification

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

4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer arrangements and safeguards

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

Industries

PDPA 2012: Singapore's Personal Data Protection Act 2012 - Main framework for data protection, covering requirements for collection, use, disclosure, and care of personal data, obligations of data controllers and processors, and cross-border data transfer requirements

PDPA Regulations 2021: Current regulations under PDPA including Personal Data Protection Regulations, Data Portability Regulations, and Do Not Call Registry Regulations

PDPC Advisory Guidelines on Key Concepts: Guidelines issued by Personal Data Protection Commission explaining key concepts and applications of the PDPA

PDPC Guide to Data Sharing: Specific guidelines from PDPC regarding data sharing practices and requirements in Singapore

APEC CBPR System: APEC Cross-Border Privacy Rules System - International framework for data protection that may affect cross-border data transfers

ASEAN Framework: ASEAN Framework on Personal Data Protection - Regional guidelines for data protection that may impact data sharing within ASEAN countries

EU GDPR Considerations: European Union General Data Protection Regulation considerations when dealing with EU data subjects or data transfers to/from EU

Industry-Specific Regulations: Sector-specific regulations such as Banking Act, Healthcare regulations, and Telecommunications regulations that may apply depending on the industry context

Data Protection Obligations: Specific contractual requirements regarding data protection measures, including security protocols, breach notifications, and data handling procedures

Sub-processor Requirements: Requirements and obligations related to the appointment and management of sub-processors, including necessary approvals and oversight

Data Retention Policy: Requirements for data retention periods, deletion procedures, 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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