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Controller To Controller Data Processing Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
A Controller To Controller Data Processing Agreement is essential when two organizations need to share personal data while maintaining independent control over their respective data processing activities. This document is particularly relevant in the Australian legal context, where organizations must comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles. The agreement is necessary when both parties act as data controllers and need to establish clear frameworks for data sharing, security measures, breach notification procedures, and compliance responsibilities. It's commonly used in scenarios such as partnerships, joint ventures, data sharing initiatives, or when organizations need to exchange customer or employee data for legitimate business purposes. The agreement includes comprehensive provisions for data protection, cross-border transfers, and regulatory compliance, while clearly defining each party's obligations and liabilities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions
















































Clauses






























Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Insurance

Professional Services

Education

Retail

Government

Research and Development

Marketing Services

Human Resources

Consulting

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Data Governance

Operations

Corporate Affairs

Procurement

Information Management

Relevant Roles

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

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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