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Data Outsourcing Agreement
"I need a Data Outsourcing Agreement for my Singapore-based fintech company that will be outsourcing customer data processing to a cloud service provider in Australia, with specific provisions for cross-border transfers and financial sector compliance requirements, to be implemented by March 2025."
1. Parties: Identification of the data controller (client) and data processor (service provider)
2. Background: Context of the agreement and brief description of the outsourcing arrangement
3. Definitions: Key terms including Personal Data, Processing, Data Protection Laws, Security Breach, etc.
4. Scope of Services: Detailed description of data processing activities and services to be provided
5. Data Protection Obligations: Core compliance requirements under PDPA and other applicable laws
6. Security Measures: Technical and organizational measures for data protection
7. Breach Notification: Procedures for reporting and handling data breaches
8. Audit Rights: Client's rights to audit compliance and data processing activities
9. Term and Termination: Duration and conditions for termination of the agreement
1. Cross-border Transfers: Requirements for international data transfers when data will be processed outside Singapore
2. Sector-Specific Requirements: Additional obligations for specific regulated industries such as finance, healthcare, etc.
3. Sub-processing: Terms for engaging sub-processors when service provider may use third-party processors
4. Insurance Requirements: Specific insurance coverage requirements for high-risk data processing activities
1. Schedule 1: Description of Processing: Detailed description of data types, purposes, and processing activities
2. Schedule 2: Security Measures: Technical and organizational security measures specification
3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors if applicable
4. Schedule 4: Data Transfer Mechanisms: Details of cross-border transfer arrangements if applicable
5. Schedule 5: Service Levels: Performance metrics and service level requirements
6. Appendix A: Data Breach Response Plan: Detailed procedures for handling data breaches
7. Appendix B: Audit Requirements: Specific procedures and requirements for audits
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