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Controller To Controller Data Processing Agreement
"I need a Controller to Controller Data Processing Agreement under Australian law for sharing customer health data between our medical research facility and a partnering healthcare provider, with strict security measures and compliance with healthcare regulations, to be implemented by March 2025."
1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and company details
2. Background: Context of the data sharing arrangement, relationship between the parties, and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and legal terminology
4. Scope and Purpose: Detailed description of the data sharing activities, types of data involved, and permitted purposes for processing
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities in relation to the shared data
6. Data Protection Compliance: Commitments to comply with relevant privacy laws, including the Privacy Act 1988 and Australian Privacy Principles
7. Data Security Measures: Required technical and organizational security measures to protect shared data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are protected
9. Data Breach Notification: Procedures for notifying the other controller and authorities of data breaches as per the NDB scheme
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Return or Deletion of Data: Obligations regarding data handling upon termination of the agreement
12. Liability and Indemnities: Allocation of risk and responsibility between the controllers
13. General Provisions: Standard contractual clauses including governing law, dispute resolution, and entire agreement
1. Cross-border Data Transfers: Required when data will be transferred outside of Australia, detailing compliance with international data transfer requirements
2. Audit Rights: Optional provisions for mutual audit rights to ensure compliance with the agreement terms
3. Sub-processing: Required when either controller may engage sub-processors to handle the shared data
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
5. Data Protection Impact Assessments: Required when processing activities may result in high risk to individuals
6. Costs and Fees: Optional section when there are specific cost-sharing arrangements for the data sharing activities
7. Service Levels: Optional section defining specific performance metrics and standards for data sharing activities
1. Schedule 1 - Categories of Data: Detailed list of personal data categories being shared between the controllers
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures and controls implemented by both parties
3. Schedule 3 - Data Transfer Mechanisms: Details of how data will be transferred between controllers, including technical specifications
4. Schedule 4 - Contact Points: List of key contacts for operational, technical, and legal matters
5. Schedule 5 - Processing Activities: Detailed description of all processing activities carried out by each controller
6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
7. Appendix B - Compliance Checklist: Checklist ensuring compliance with key privacy principles and requirements
Authors
Financial Services
Healthcare
Technology
Telecommunications
Insurance
Professional Services
Education
Retail
Government
Research and Development
Marketing Services
Human Resources
Consulting
Transportation and Logistics
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Data Governance
Operations
Corporate Affairs
Procurement
Information Management
Chief Privacy Officer
Data Protection Officer
Chief Legal Officer
Privacy Counsel
Compliance Manager
Information Security Manager
Chief Information Security Officer
Chief Technology Officer
Risk Manager
Legal Counsel
Privacy Manager
Contracts Manager
Chief Operating Officer
Chief Executive Officer
Data Governance Manager
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