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Controller To Controller Data Processing Agreement
"I need a Controller to Controller Data Processing Agreement governed by Hong Kong law for sharing customer financial data between our bank and an overseas wealth management partner, with the agreement to commence from March 1, 2025 and include specific provisions for cross-border transfers to Singapore."
1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement, explaining the data sharing relationship between the controllers and their respective roles
3. Definitions: Definitions of key terms used in the agreement, including those from the PDPO and relevant technical terms
4. Scope and Purpose: Detailed description of the personal data to be shared and the specific purposes for which it may be processed
5. Obligations of the Parties: Core obligations of both controllers regarding data protection, including compliance with PDPO principles
6. Data Protection Measures: Security measures and safeguards required to protect personal data during processing and transfer
7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with PDPO rights
8. Data Breach Notification: Protocol for notifying the other party and relevant authorities of data breaches
9. Confidentiality: Obligations regarding confidentiality of shared personal data and business information
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Liability and Indemnities: Allocation of liability between parties and indemnification provisions
12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Cross-border Transfers: Provisions for transfers of personal data outside Hong Kong, required if either party may transfer data internationally
2. Sub-processing: Terms governing the appointment of sub-processors, needed if either controller may engage third parties
3. Data Protection Impact Assessments: Procedures for conducting DPIAs, relevant for high-risk processing activities
4. Audit Rights: Rights and procedures for conducting audits of data protection compliance, useful for higher-risk relationships
5. Insurance: Requirements for maintaining specific insurance coverage, relevant for high-value or high-risk data processing
6. Cost Allocation: Provisions for sharing costs related to compliance and data subject requests, relevant when significant costs anticipated
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be shared between the controllers
2. Schedule 2 - Purposes of Processing: Comprehensive list of approved processing purposes and activities
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties
4. Schedule 4 - Data Subject Rights Procedures: Detailed procedures for handling data subject requests
5. Schedule 5 - Breach Response Plan: Detailed protocol for responding to and managing data breaches
6. Appendix A - Contact Details: Key contacts for operational, legal, and breach notification purposes
7. Appendix B - Standard Forms: Templates for regular communications, including breach notifications and data subject request handling
Authors
Financial Services
Healthcare
Insurance
Technology
E-commerce
Telecommunications
Professional Services
Education
Real Estate
Retail
Marketing and Advertising
Human Resources Services
Legal
Privacy
Compliance
Information Security
Information Technology
Risk Management
Data Governance
Operations
Commercial
Procurement
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
Commercial Contract Manager
Legal Counsel
Privacy Manager
Chief Operating Officer
IT Director
Data Governance Manager
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