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Data Sharing Agreement Controller To Processor

Data Sharing Agreement Controller To Processor Template for Ireland

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Key Requirements PROMPT example:

Data Sharing Agreement Controller To Processor

"I need a Data Sharing Agreement Controller To Processor under Irish law for my fintech company that will be using a cloud service provider to process customer payment data starting March 2025, with specific provisions for credit card data security and PCI DSS compliance."

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Document background
This Data Sharing Agreement Controller To Processor is essential for organizations operating under Irish jurisdiction who engage third parties to process personal data on their behalf. The agreement is required under Article 28 of GDPR and the Irish Data Protection Act 2018, serving as a crucial compliance document that defines the relationship between a Data Controller and their Data Processor. It should be used whenever an organization (Controller) outsources personal data processing activities to another entity (Processor), whether for cloud services, payment processing, HR systems, or other data handling services. The document includes detailed provisions on data security, breach notification procedures, sub-processing requirements, international transfers, and audit rights, all aligned with Irish legal requirements and GDPR obligations.
Suggested Sections

1. Parties: Identification of the Controller and Processor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration of Processing: Timeframe for the processing activities and agreement term

6. Processor Obligations: Core obligations of the Processor under GDPR Article 28, including security measures, confidentiality, and subprocessing requirements

7. Controller Obligations: Responsibilities and obligations of the Controller, including lawful instructions and compliance with GDPR

8. Data Subject Rights: Procedures for handling data subject requests and Processor's assistance obligations

9. Data Security: Specific security measures, breach notification procedures, and security standards

10. Audit Rights: Controller's audit rights and Processor's obligations to demonstrate compliance

11. Data Transfer Mechanisms: Rules and safeguards for international data transfers if applicable

12. Liability and Indemnities: Allocation of liability between parties and indemnification provisions

13. Termination: Termination rights, procedures, and data deletion/return obligations

14. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the Processor - include when processing sensitive data or high-risk processing

2. Business Continuity: Business continuity and disaster recovery requirements - include for critical processing operations

3. Special Categories of Data: Additional safeguards for processing special categories of personal data - include when processing sensitive data

4. Joint Controllers: Provisions for scenarios involving joint controllers - include when there are multiple controllers

5. Data Protection Impact Assessment: DPIA requirements and cooperation - include for high-risk processing activities

6. Industry-Specific Requirements: Specific provisions for regulated industries - include for financial services, healthcare, etc.

7. Exit Management: Detailed exit procedures and transition assistance - include for complex processing arrangements

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by the Processor

3. Schedule 3 - Approved Sub-processors: List of authorized sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including SCCs if applicable

5. Schedule 5 - Service Levels: Performance metrics and service levels for processing activities

6. Appendix A - Contact Details: Key contacts for both parties including DPO details

7. Appendix B - Security Breach Notification Form: Template for security breach notifications

8. Appendix C - Audit Procedures: Detailed procedures for conducting compliance audits

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

Education

Retail

Professional Services

Telecommunications

Public Sector

Manufacturing

Insurance

E-commerce

Marketing and Advertising

Research and Development

Consulting

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Information Governance

Data Protection

Vendor Management

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Manager

Risk Manager

Procurement Manager

Contract Manager

Operations Director

Chief Legal Officer

Data Protection Specialist

Information 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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