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Controller To Controller Data Processing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Controller To Controller Data Processing Agreement is essential when two organizations, both acting as data controllers under Hong Kong's Personal Data (Privacy) Ordinance, need to share personal data for specific business purposes. This document is particularly crucial in situations where regular data sharing occurs between independent organizations, each maintaining separate control over the processing of personal data. The agreement ensures compliance with Hong Kong's data protection requirements, including the six data protection principles under the PDPO and guidelines issued by the Privacy Commissioner for Personal Data. It establishes clear protocols for data security, breach notification, data subject rights, and liability allocation. The document should be used whenever two controllers engage in systematic or regular sharing of personal data, regardless of whether the sharing is reciprocal or one-way.
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 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

Optional Sections

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

Suggested Schedules

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

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


































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Relevant Industries

Financial Services

Healthcare

Insurance

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Retail

Marketing and Advertising

Human Resources Services

Relevant Teams

Legal

Privacy

Compliance

Information Security

Information Technology

Risk Management

Data Governance

Operations

Commercial

Procurement

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

Commercial Contract Manager

Legal Counsel

Privacy Manager

Chief Operating Officer

IT Director

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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