The Standard Data Processing Agreement is essential for organizations operating in or from Hong Kong that engage third parties to process personal data on their behalf. This agreement is required to comply with the Personal Data (Privacy) Ordinance (PDPO) and ensures appropriate safeguards are in place for personal data processing activities. It should be used whenever a data controller engages a data processor to handle personal data, whether for cloud services, IT support, payroll processing, or any other data processing services. The agreement covers crucial aspects such as data security measures, confidentiality obligations, sub-processing requirements, breach notification procedures, and data subject rights, while incorporating specific Hong Kong legal requirements and PCPD guidelines. It is particularly important for international businesses as it addresses cross-border data transfers and aligns with global data protection standards while maintaining compliance with Hong Kong law.
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1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used in the agreement, including specific definitions from PDPO
4. Scope and Purpose of Processing: Clear delimitation of what personal data will be processed and for what specific purposes
5. Obligations of the Processor: Core processor obligations including security measures, confidentiality, and compliance with instructions
6. Obligations of the Controller: Controller's responsibilities including lawful basis for processing and providing clear instructions
7. Security Measures: Technical and organizational measures required to protect personal data
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data access, correction, and deletion requests
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Audit Rights: Controller's rights to audit processor's compliance
12. Term and Termination: Duration of agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination
14. Liability and Indemnities: Allocation of risks and responsibilities between parties
15. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Cross-border Transfers: Required when personal data will be transferred outside Hong Kong, including specific safeguards
2. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
3. Joint Controller Provisions: Required when multiple controllers are involved in determining processing purposes
4. Data Protection Impact Assessment: Procedures for conducting DPIAs when required
5. Business Continuity: Additional provisions for ensuring continuous data protection during disruptions
6. Insurance Requirements: Specific insurance obligations for data protection
7. Service Level Agreement: Specific performance metrics and standards for data processing activities
1. Schedule 1: Description of Processing: Detailed description of personal data types, categories of data subjects, and processing activities
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by the processor
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4: Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
5. Schedule 5: Contact Points: Key contacts for operational matters, data breaches, and data subject requests
6. Schedule 6: Processing Instructions: Detailed instructions for specific processing activities
7. Appendix A: Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Healthcare
E-commerce
Professional Services
Telecommunications
Education
Insurance
Real Estate
Manufacturing
Retail
Logistics
Consulting
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Risk Management
Procurement
Operations
Privacy
Vendor Management
Data Protection
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Manager
Compliance Officer
Legal Counsel
IT Director
Information Security Manager
Risk Manager
Operations Director
Procurement Manager
Vendor Management Officer
Chief Technology Officer
Chief Legal Officer
Data Protection Manager
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