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Sub Processing Agreement

Sub Processing Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Sub Processing Agreement

"I need a Sub Processing Agreement under UAE law for my cloud services company to engage a third-party data center provider in Dubai, with specific provisions for handling sensitive financial data and cross-border transfers to European servers."

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Document background
The Sub Processing Agreement is essential when a data processor needs to engage another entity (sub-processor) to process personal data on behalf of a data controller in the UAE. This document is particularly crucial given the UAE's comprehensive data protection framework under Federal Decree Law No. 45 of 2021, which imposes strict requirements on data processing activities. The agreement ensures proper data handling, defines security measures, establishes liability allocation, and includes provisions for cross-border transfers. It's typically used in scenarios where services are outsourced or when cloud services are utilized, requiring detailed documentation of processing activities, technical measures, and compliance obligations. The agreement must align with both UAE data protection laws and any specific requirements from free zones like DIFC or ADGM where applicable.
Suggested Sections

1. Parties: Identification of the main processor and sub-processor, including full legal names and registration details as required under UAE law

2. Background: Context of the agreement, relationship to the main processing agreement, and purpose of the sub-processing arrangement

3. Definitions: Detailed definitions of terms used in the agreement, including those aligned with UAE Federal Decree Law No. 45 of 2021

4. Scope and Purpose of Sub-Processing: Detailed description of the sub-processing activities, types of data involved, and processing purposes

5. Duration: Term of the agreement, including commencement date and conditions for renewal

6. Sub-Processor Obligations: Core obligations of the sub-processor, including compliance with instructions, confidentiality, and security measures

7. Technical and Organizational Measures: Specific security measures required to protect personal data in accordance with UAE regulations

8. Data Subject Rights: Procedures for handling data subject requests and supporting the processor in responding to such requests

9. Data Breach Notification: Procedures and timeframes for reporting data breaches as per UAE requirements

10. Audit Rights: Rights of the processor and regulatory authorities to audit the sub-processor's compliance

11. Cross-Border Data Transfers: Requirements and restrictions for international data transfers under UAE law

12. Confidentiality: Confidentiality obligations and restrictions on data disclosure

13. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

14. Termination: Conditions for termination and obligations upon termination

15. General Provisions: Standard contractual provisions including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Further Sub-Processing: Include when the sub-processor may need to engage additional sub-processors

2. Special Categories of Data: Required when processing sensitive personal data as defined under UAE law

3. Data Protection Impact Assessment: Include when high-risk processing activities are involved

4. Business Continuity and Disaster Recovery: Add when processing critical or large volumes of data

5. Insurance Requirements: Include when specific insurance coverage is required for data processing activities

6. Service Levels: Add when specific performance metrics need to be maintained

7. Exit Management: Include when complex transition arrangements are needed upon termination

Suggested Schedules

1. Description of Processing Activities: Detailed description of processing operations, categories of data subjects, and types of personal data

2. Technical and Security Measures: Detailed specifications of security measures and controls implemented

3. Approved Sub-Processors: List of any pre-approved further sub-processors (if applicable)

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

5. Service Levels and KPIs: Detailed performance metrics and measurement criteria

6. Fee Schedule: Pricing and payment terms for sub-processing services

7. Contact Details and Escalation Matrix: Key contacts and procedures for operational and emergency communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































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Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Cloud Services

Consulting

Business Process Outsourcing

Digital Marketing

Insurance

Education

Professional Services

Relevant Teams

Legal

Compliance

Information Security

IT

Data Protection

Risk Management

Procurement

Operations

Vendor Management

Data Governance

Privacy

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Privacy Manager

Risk Manager

Operations Director

Procurement Manager

Contract Manager

Chief Technology Officer

Chief Information Security Officer

Data Governance Manager

Vendor Management Officer

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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