A Data Processing Agreement (DPA) is essential whenever an organization (the data controller) engages another party (the data processor) to process personal data on its behalf. This Maltese law-governed DPA template is specifically designed to meet the requirements of both the EU GDPR and Malta's domestic data protection legislation. It should be used when either the data controller or processor is based in Malta, or when parties specifically choose Maltese law as their governing law. The agreement covers crucial aspects such as processing instructions, security measures, confidentiality obligations, sub-processing requirements, and international data transfers. It's particularly relevant for businesses operating in or through Malta, especially considering Malta's position as a hub for financial services, gaming, and technology companies processing EU personal data.
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1. Parties: Identification of the Data Controller and Data Processor, including their registered addresses and company details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used in the agreement, including those from GDPR and Maltese data protection law
4. Scope and Purpose: Details of the processing activities, categories of data, and purposes of processing
5. Duration: Term of the agreement and processing period
6. Obligations of the Data Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions
7. Confidentiality: Confidentiality obligations for the processor and their personnel
8. Security Measures: Technical and organizational measures for data protection
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Processor's assistance with data subject requests
11. Personal Data Breach: Breach notification requirements and procedures
12. Audit Rights: Controller's audit rights and processor's cooperation obligations
13. Data Protection Impact Assessments: Processor's assistance with DPIAs
14. International Transfers: Rules for transferring data outside the EEA
15. Return or Deletion of Data: Obligations upon termination of processing services
16. Liability and Indemnity: Allocation of liability and indemnification provisions
17. Termination: Termination rights and consequences
18. Governing Law and Jurisdiction: Specification of Maltese law and jurisdiction
1. Insurance: Requirements for data protection liability insurance coverage
2. Joint Controllers: Additional provisions if any processing activities involve joint controllership
3. Special Categories of Data: Additional safeguards for processing sensitive data
4. Children's Data: Special provisions if processing involves children's personal data
5. Data Protection Officer: Provisions regarding DPO appointment and cooperation
6. Costs and Fees: Allocation of costs for compliance with data protection obligations
7. Force Majeure: Provisions for handling events beyond reasonable control
1. Processing Activities Schedule: Detailed description of processing activities, including types of data, purposes, and duration
2. Technical and Organizational Measures: Detailed security measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Data Transfer Mechanisms: Details of transfer mechanisms for international data transfers
5. Contact Points and Escalation: Key contacts and escalation procedures for data protection matters
6. Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
7. Audit Procedures: Specific procedures and requirements for conducting audits
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
E-commerce
Gaming and iGaming
Professional Services
Cloud Services
Telecommunications
Education
Insurance
Digital Marketing
Consulting
Software Development
Retail
Manufacturing
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Procurement
Operations
Information Governance
Privacy
Commercial
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Operations Manager
Risk Manager
Privacy Counsel
Procurement Manager
Contract Manager
Chief Legal Officer
Data Protection Specialist
IT Security Analyst
Information Governance Manager
Chief Compliance Officer
Commercial Director
Technology Contracts Manager
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