Personal Data Protection Agreement

Personal Data Protection Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Personal Data Protection Agreement for my healthcare software company based in Kuala Lumpur, which will be processing patient data for multiple hospitals in Malaysia starting March 2025; the agreement must include specific provisions for handling sensitive medical information and cloud storage compliance."

Document background

The Personal Data Protection Agreement is essential for organizations operating in Malaysia that process personal data in commercial transactions. This document becomes necessary when one party (the data controller) engages another party (the data processor) to process personal data on their behalf. It ensures compliance with Malaysia's Personal Data Protection Act 2010 (PDPA) and related regulations, addressing crucial aspects such as data security, privacy rights, breach notifications, and cross-border data transfers. The agreement is particularly important given Malaysia's strict data protection regime and the significant penalties for non-compliance. It should be used whenever there is any form of personal data processing arrangement between parties, whether for basic data storage, complex data analytics, or any other data processing activities.

Suggested Sections

1. Parties: Identification of the Data Controller/User and Data Processor/Processor, including registration details and contact information

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

3. Definitions: Detailed definitions of terms used in the agreement, aligned with PDPA 2010 terminology

4. Scope and Purpose of Data Processing: Specific details of what personal data will be processed and for what purposes, ensuring compliance with the General Principle

5. Data Protection Principles: Implementation of the seven principles under PDPA 2010: General, Notice & Choice, Disclosure, Security, Retention, Data Integrity, and Access

6. Rights and Obligations of Data Controller: Detailed responsibilities of the data controller including ensuring lawful processing and maintaining oversight

7. Rights and Obligations of Data Processor: Specific duties and responsibilities of the data processor including processing limitations and security measures

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

9. Data Breach Notification: Procedures and timelines for reporting and handling data breaches

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Return or Destruction of Data: Procedures for handling personal data upon contract termination

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

Optional Sections

1. Cross-border Data Transfers: Requirements and safeguards for transferring data outside Malaysia - include when international data transfers are contemplated

2. Sub-processing: Terms and conditions for engaging sub-processors - include when sub-processing may be required

3. Direct Marketing Provisions: Specific terms for processing personal data for direct marketing purposes - include when marketing activities are involved

4. Special Categories of Personal Data: Additional safeguards for sensitive personal data - include when processing sensitive data

5. Data Protection Impact Assessment: Requirements for conducting DPIAs - include for high-risk processing activities

6. Insurance Requirements: Specific insurance obligations for data protection - include for high-value or high-risk processing

7. Audit Rights: Detailed audit procedures and requirements - include for complex processing arrangements

Suggested Schedules

1. Schedule 1: Categories of Personal Data: Detailed list of personal data categories to be processed

2. Schedule 2: Processing Activities: Detailed description of all processing activities and purposes

3. Schedule 3: Technical and Organizational Security Measures: Specific security measures and controls to be implemented

4. Schedule 4: Authorized Sub-processors: List of approved sub-processors and their roles

5. Schedule 5: Data Retention Periods: Specific retention periods for different categories of data

6. Appendix A: Data Processing Impact Assessment: Template or completed DPIA for high-risk processing

7. Appendix B: Security Breach Response Plan: Detailed procedures for handling data breaches

8. Appendix C: Compliance Checklist: Checklist of PDPA 2010 compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Healthcare

Financial Services

E-commerce

Education

Telecommunications

Professional Services

Retail

Insurance

Manufacturing

Hospitality

Transportation

Marketing Services

Human Resources Services

Cloud Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Procurement

Corporate Governance

Internal Audit

Project Management

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Project Manager

Chief Information Officer

Chief Technology Officer

Privacy Analyst

Compliance Officer

Data Protection Manager

General Counsel

Head of Legal

Chief Operating Officer

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