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Third Party Data Processing Agreement

Third Party Data Processing Agreement Template for Nigeria

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Key Requirements PROMPT example:

Third Party Data Processing Agreement

"I need a Third Party Data Processing Agreement for my Nigerian fintech company that will be outsourcing customer payment data processing to a local cloud service provider, with the agreement to start from March 2025."

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Document background
The Third Party Data Processing Agreement is essential for organizations operating in Nigeria that outsource the processing of personal data to external service providers. This document is required under the Nigeria Data Protection Regulation (NDPR) 2019 when a data controller engages a third party to process personal data on their behalf. It establishes the legal framework for data processing activities, ensuring compliance with Nigerian data protection laws while protecting the interests of all parties involved. The agreement covers crucial aspects such as security measures, confidentiality obligations, data breach procedures, and compliance requirements. It's particularly important given Nigeria's increasing focus on data protection and privacy rights, with significant penalties for non-compliance with the NDPR.
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, relationship between parties, and purpose of the data processing arrangement

3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined in NDPR

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

5. Obligations of the Data Processor: Core responsibilities of the processor including processing only on documented instructions, confidentiality, security measures

6. Obligations of the Data Controller: Responsibilities of the controller including providing clear instructions and ensuring lawful basis for processing

7. Data Security: Required security measures, protocols, and standards to be maintained by the processor

8. Confidentiality: Confidentiality obligations regarding the processed data and business information

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

10. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in responding to them

11. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

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

13. Term and Termination: Duration of the agreement and conditions for termination

14. Return or Deletion of Data: Obligations regarding data handling upon termination of services

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

Optional Sections

1. Cross-border Data Transfers: Required when data may be transferred outside Nigeria, specifying compliance with NDPR transfer requirements

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

3. Insurance Requirements: Specific insurance obligations for the processor, when required by the controller or industry standards

4. Business Continuity: Requirements for business continuity and disaster recovery, particularly relevant for critical processing activities

5. Performance Metrics: Specific service levels and performance requirements, when processing activities require specific performance standards

6. Change Control: Procedures for managing changes to processing activities or technical requirements, useful 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 Security Measures: Specific security measures, protocols, and standards to be implemented

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities, if any

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms for lawful data transfers, particularly for international transfers

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

6. Appendix A - Contact Details: Key contacts for both parties for operational, technical, and legal matters

7. Appendix B - Data Breach Response Plan: Detailed procedures and contact protocols for handling data breaches

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

Financial Services

Healthcare

Technology and Software

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Government and Public Sector

Energy and Utilities

Consulting Services

Cloud Services

Digital Marketing

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Procurement

Operations

Data Protection

Vendor Management

Privacy

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Technology Officer

Information Security Manager

Privacy Manager

Vendor Management Officer

Chief Legal Officer

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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