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Sub Processing Agreement

Sub Processing Agreement Template for Canada

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Key Requirements PROMPT example:

Sub Processing Agreement

"I need a Sub Processing Agreement for my healthcare software company based in Ontario, where we'll be engaging a cloud storage provider to handle patient data storage starting March 2025; the agreement must include strict security protocols and PHIPA compliance requirements."

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Document background
The Sub Processing Agreement is essential in modern business operations where organizations frequently need to delegate data processing activities to specialized service providers. This document is specifically designed for use in Canada, where it must comply with federal legislation (PIPEDA) and relevant provincial privacy laws. It becomes necessary when a primary data processor needs to engage another entity (sub-processor) to perform specific data processing activities on behalf of the data controller. The agreement covers crucial aspects such as data security measures, compliance requirements, breach notification procedures, audit rights, and liability allocation. It's particularly important in ensuring transparent data handling chains and maintaining compliance with Canadian privacy regulations throughout the entire processing ecosystem.
Suggested Sections

1. Parties: Identification of the main processor and sub-processor, including full legal names and addresses

2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities to be carried out by the sub-processor

5. Duration and Termination: Term of the agreement, termination conditions, and consequences of termination

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

7. Technical and Organizational Measures: Security requirements and standards that the sub-processor must maintain

8. Data Protection and Privacy: Compliance with privacy laws, data protection requirements, and handling of personal information

9. Audit Rights: Main processor's rights to audit and verify compliance

10. Data Breach Notification: Procedures and timelines for reporting data breaches

11. Liability and Indemnification: Allocation of risk and responsibility between parties

12. General Provisions: Standard legal clauses including governing law, jurisdiction, and amendments

Optional Sections

1. International Data Transfers: Required when data processing involves cross-border transfers

2. Industry-Specific Compliance: Added when processing involves regulated industries like healthcare or finance

3. Insurance Requirements: Specific insurance obligations for high-risk processing activities

4. Business Continuity: Required for critical processing services that need disaster recovery planning

5. Intellectual Property Rights: Added when processing involves creation or use of intellectual property

6. Service Level Agreement: When specific performance metrics need to be maintained

7. Sub-contractor Management: Required when sub-processor may need to engage additional sub-contractors

Suggested Schedules

1. Schedule A - Processing Activities: Detailed description of processing activities, including data types, purposes, and categories of data subjects

2. Schedule B - Technical and Security Measures: Specific security controls, standards, and measures to be implemented

3. Schedule C - Service Levels: Performance metrics, monitoring, and reporting requirements

4. Schedule D - Fee Schedule: Pricing, payment terms, and fee calculation methodology

5. Appendix 1 - Data Protection Impact Assessment: Assessment of processing risks and mitigation measures

6. Appendix 2 - Approved Sub-contractors: List of pre-approved sub-contractors and their roles

7. Appendix 3 - Incident Response Plan: Detailed procedures for handling data breaches and security incidents

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


































Clauses



























Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Telecommunications

Cloud Services

Professional Services

Manufacturing

Education

Insurance

Digital Marketing

Consulting

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Procurement

Risk Management

Vendor Management

Operations

Data Governance

Information Technology

Relevant Roles

Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

IT Security Manager

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Technology Officer

Information Security Officer

Vendor Management Director

Chief Legal Officer

Chief Technology Officer

Chief Information 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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