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Controller Processor Agreement

Controller Processor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Controller Processor Agreement

"Need a Controller Processor Agreement for our UK-based software company that will be processing customer data for a large retail client, including international transfers to our development team in India, to be effective from March 2025."

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Document background
The Controller Processor Agreement is essential when one organization (the processor) processes personal data on behalf of another organization (the controller). This agreement is mandatory under UK GDPR and the Data Protection Act 2018, applicable in England and Wales. It details the scope of processing activities, security requirements, confidentiality obligations, and procedures for handling data subject requests and breach notifications. The agreement ensures both parties understand their respective obligations and helps demonstrate compliance with data protection regulations.
Suggested Sections

1. Parties: Identification of the controller and processor parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, including GDPR-specific terminology

4. Processor Obligations: Core obligations of the processor under GDPR Article 28, including processing only on documented instructions

5. Instructions: Scope of processing activities and controller's instructions for data processing

6. Security Measures: Technical and organizational measures required for data protection

7. Sub-processing: Rules and requirements for engaging sub-processors

8. Data Subject Rights: Procedures for handling data subject requests and assistance to the controller

9. Data Breaches: Breach notification and management procedures including timelines

10. Term and Termination: Duration of the agreement and termination provisions including data deletion/return

Optional Sections

1. International Transfers: Requirements and safeguards for transfers outside UK/EEA

2. Audit Rights: Controller's rights to audit processor compliance

3. Insurance: Specific insurance requirements for data processing activities

Suggested Schedules

1. Processing Activities Schedule: Detailed description of processing activities, categories of data, and purposes

2. Security Measures Schedule: Detailed technical and organizational security measures implemented by the processor

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Standard Contractual Clauses: Standard contractual clauses for international data transfers where applicable

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
Relevant Teams
Relevant Roles
Industries

UK GDPR: The United Kingdom General Data Protection Regulation - the primary data protection legislation in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside and supplementing the UK GDPR, providing specific data protection requirements and derogations

PECR 2003: Privacy and Electronic Communications Regulations - specific rules for electronic communications, including rules on cookies, electronic marketing, and privacy in telecommunications

NIS Regulations 2018: Network and Information Systems Regulations - focusing on cybersecurity requirements for essential services and digital service providers

EU GDPR: European Union General Data Protection Regulation - relevant for cross-border processing and when dealing with EU data subjects, requiring consideration in international data transfers

UK Adequacy Regulations: Regulations governing international data transfers, including mechanisms like Standard Contractual Clauses and adequacy decisions for third countries

ICO Guidance: Official guidance and codes of practice from the Information Commissioner's Office, providing practical interpretation of data protection requirements

EDPB Guidelines: European Data Protection Board guidelines which, while not binding, are referenced by UK courts and provide valuable interpretation of data protection principles

UK Case Law: Relevant court decisions and precedents from UK courts relating to data protection matters and controller-processor relationships

Industry-Specific Regulations: Sector-specific requirements and regulations that may impose additional data protection obligations depending on the industry context

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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