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Data Privacy Contract for Philippines

Data Privacy Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions for the processing of personal data between parties, ensuring compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations. This contract defines the roles and responsibilities of data controllers and processors, outlines security measures, establishes data breach protocols, and addresses data subject rights. It includes specific provisions required by the National Privacy Commission and incorporates local regulatory requirements for data protection and privacy in the Philippine context.

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What is a Data Privacy Contract?

The Data Privacy Contract serves as a crucial legal instrument in the Philippine data protection landscape, essential for organizations that process personal data on behalf of others. This agreement is specifically designed to comply with the requirements of the Data Privacy Act of 2012 (RA 10173) and its Implementing Rules and Regulations, as well as relevant circulars issued by the National Privacy Commission. The contract is necessary when personal data is being processed by one party (the processor) on behalf of another (the controller), or when joint controllers determine the purposes and means of processing together. It details essential elements such as the scope of processing, security requirements, confidentiality obligations, data breach procedures, and compliance mechanisms. The document becomes particularly critical in scenarios involving outsourcing, cloud services, or any arrangement where personal data handling is delegated to another entity within the Philippine jurisdiction.

What sections should be included in a Data Privacy Contract?

1. Parties: Identification of the contracting parties, including their registered addresses and authorized representatives

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

3. Definitions: Definitions of key terms aligned with the Data Privacy Act of 2012, including Personal Data, Processing, Data Subject, etc.

4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes

5. Obligations of the Data Controller: Responsibilities and commitments of the party determining the purposes of processing

6. Obligations of the Data Processor: Responsibilities and commitments of the party processing data on behalf of the controller

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Philippine law

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

9. Confidentiality: Obligations regarding data confidentiality and professional secrecy

10. Data Breach Notification: Procedures for reporting and handling data breaches as per NPC requirements

11. Audit Rights: Rights and procedures for conducting compliance audits

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

13. Return or Deletion of Data: Obligations regarding data handling upon contract termination

14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

What sections are optional to include in a Data Privacy Contract?

1. Cross-Border Data Transfers: Required when personal data will be transferred outside the Philippines, specifying compliance with international transfer requirements

2. Sub-Processing: Include when the data processor may engage sub-processors, specifying conditions and approval processes

3. Insurance Requirements: Include when specific insurance coverage for data privacy incidents is required

4. Joint Controllers Provisions: Required when both parties act as joint controllers for certain processing activities

5. Special Categories of Data: Include when sensitive personal information or privileged information will be processed

6. Data Protection Impact Assessment: Include when high-risk processing activities require DPIA

7. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed

What schedules should be included in a Data Privacy Contract?

1. Schedule 1: Details of Processing: Detailed description of data categories, processing purposes, and processing operations

2. Schedule 2: Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

3. Schedule 3: Authorized Sub-Processors: List of approved sub-processors and their processing activities

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

5. Schedule 5: Service Level Agreement: Performance metrics and service levels for data processing activities

6. Appendix A: Data Subject Request Procedures: Detailed procedures for handling data subject rights requests

7. Appendix B: Breach Notification Procedures: Step-by-step procedures for breach notification and management

8. Appendix C: Audit Requirements: Detailed audit procedures, checklists, and 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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions












































Clauses
































Relevant Industries

Information Technology

Healthcare

Financial Services

Banking

Insurance

Business Process Outsourcing

E-commerce

Telecommunications

Education

Professional Services

Retail

Manufacturing

Government Services

Travel and Hospitality

Digital Marketing

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Information Technology

Data Protection

Privacy

Operations

Procurement

Vendor Management

Information Governance

Audit

Corporate Affairs

Technology Infrastructure

Data Management

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Compliance Manager

Legal Counsel

Information Security Officer

Risk Manager

IT Director

Operations Manager

Procurement Manager

Contract Manager

Chief Technology Officer

Chief Information Officer

Privacy Analyst

Compliance Officer

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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