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Controller Processor Agreement

Controller Processor Agreement Template for Malaysia

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Key Requirements PROMPT example:

Controller Processor Agreement

"I need a Controller Processor Agreement for my healthcare technology company based in Kuala Lumpur, with specific provisions for handling sensitive medical data and cross-border transfers to Singapore."

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Document background
The Controller Processor Agreement is essential for organizations operating in Malaysia that outsource or provide data processing services. This document is required under the Personal Data Protection Act 2010 (PDPA) when a data controller engages a data processor to handle personal data on their behalf. It establishes clear boundaries of responsibility, ensures compliance with Malaysian data protection laws, and provides necessary safeguards for personal data processing activities. The agreement covers crucial aspects such as data security measures, breach notification procedures, sub-processor engagement rules, and cross-border transfer requirements. It serves as both a legal compliance tool and a practical framework for managing data processing relationships.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the agreement, nature of data processing relationship, and brief overview of services

3. Definitions: Key terms used in the agreement, including those from PDPA 2010 and technical terminology

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

5. Duration of Processing: Term of the agreement and processing activities, including renewal terms

6. Obligations of the Data Controller: Controller's responsibilities, including providing instructions and ensuring legal basis for processing

7. Obligations of the Data Processor: Processor's duties, including processing only on documented instructions, ensuring confidentiality, and implementing security measures

8. Security Measures: Technical and organizational measures required to protect personal data

9. Sub-processing: Conditions and requirements for engaging sub-processors

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

11. Personal Data Breach: Notification requirements and procedures in case of data breaches

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Data Transfer Restrictions: Rules regarding cross-border data transfers and required safeguards

14. Termination: Conditions for termination and data handling upon agreement end

15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Special Categories of Personal Data: Additional requirements when processing sensitive personal data as defined in PDPA 2010

2. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)

3. Data Protection Impact Assessment: Procedures when DPIA is required for high-risk processing

4. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

5. Business Continuity: Requirements for ensuring continuous data processing services

6. Exit Management: Detailed procedures for transitioning services to another processor

7. Joint Controller Provisions: Additional provisions when multiple controllers are involved

Suggested Schedules

1. Description of Processing Activities: Detailed specification of processing operations, categories of data subjects, and types of personal data

2. Technical and Organizational Security Measures: Detailed security requirements and standards to be maintained

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Details of approved mechanisms for international data transfers

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

6. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications

7. Fee Schedule: Processing fees and payment terms if applicable

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

E-commerce

Education

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Human Resources

Consulting

Cloud Services

Digital Marketing

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Privacy

Data Protection

Vendor Management

Corporate Governance

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Privacy Manager

General Counsel

Business Development 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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