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DPA Data Protection Agreement
"I need a Data Protection Agreement (DPA) for my UAE-based healthcare technology company that will be processing patient data through our cloud service provider, with specific provisions for handling sensitive medical information and compliance with UAE healthcare regulations."
1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives
2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities
3. Definitions: Detailed definitions of terms used in the agreement, aligned with UAE Federal Decree-Law No. 45 of 2021 terminology
4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities, types of personal data, and processing purposes
5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures
6. Obligations of the Data Controller: Core responsibilities of the controller including lawful instructions, assessments, and oversight
7. Technical and Organizational Measures: Required security measures for data protection, including encryption, access controls, and monitoring
8. Sub-processing: Rules and requirements for engaging sub-processors, including approval processes
9. Data Subject Rights: Procedures for handling data subject requests and supporting controller's compliance
10. Personal Data Breach: Breach notification procedures, response requirements, and cooperation obligations
11. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance
12. Term and Termination: Duration of the agreement, termination conditions, and data handling post-termination
13. Liability and Indemnities: Allocation of liability and indemnification obligations between parties
14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside the UAE, specifying transfer mechanisms and safeguards
2. Special Categories of Personal Data: Required when processing sensitive personal data, specifying additional safeguards and requirements
3. Data Protection Impact Assessment: Required when processing activities present high risks to data subjects
4. Free Zone Specific Provisions: Required when either party operates in DIFC or ADGM, addressing specific free zone requirements
5. Industry-Specific Requirements: Required for regulated industries like healthcare or financial services
6. Joint Controller Provisions: Required when multiple controllers are involved in determining processing purposes
7. Data Protection Officer: Required when either party has appointed a DPO, specifying their role and involvement
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specifications of security measures, including physical, technical, and organizational controls
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches
6. Appendix A - Contact Details: Contact information for key personnel, including DPOs and privacy officers
7. Appendix B - Standard Contractual Clauses: If required for international transfers, incorporating relevant transfer clauses
8. Appendix C - Compliance Checklist: Checklist for ongoing compliance monitoring and assessment
Authors
Financial Services
Healthcare
Technology
E-commerce
Telecommunications
Professional Services
Education
Real Estate
Manufacturing
Retail
Hospitality
Insurance
Transportation
Media and Entertainment
Government Services
Legal
Compliance
Information Security
IT
Risk Management
Operations
Privacy
Procurement
Vendor Management
Information Governance
Data Management
Corporate Governance
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Director
Risk Manager
Operations Manager
Information Security Manager
Privacy Manager
General Counsel
Chief Technology Officer
Procurement Manager
Vendor Management Director
Chief Operations Officer
Information Governance Manager
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