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Joint Controller Data Processing Agreement

Joint Controller Data Processing Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Joint Controller Data Processing Agreement

"I need a Joint Controller Data Processing Agreement for a UAE-based fintech company partnering with a local bank to process customer payment data, with specific provisions for DIFC compliance and cross-border transfers to Singapore."

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Document background
This Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in the UAE. The document is required for compliance with UAE Federal Decree-Law No. 45 of 2021 and its Executive Regulations, which mandate clear allocation of responsibilities between joint controllers. It becomes necessary when organizations collaborate on projects involving shared data processing activities, such as joint ventures, shared services arrangements, or collaborative digital platforms. The agreement must address specific UAE requirements including data localization, cross-border transfers, and breach notification obligations, while also considering any applicable free zone regulations. It should detail the respective roles, responsibilities, and liabilities of each controller, establishing clear protocols for data protection compliance, security measures, and data subject rights management.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the relationship and purpose of the joint processing activities

3. Definitions: Definitions of key terms used in the agreement, including those from UAE Federal Decree-Law No. 45 of 2021

4. Scope and Purpose: Detailed description of the joint processing activities and their purposes

5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers, including primary points of contact

6. Lawful Basis for Processing: Identification of legal grounds for processing under UAE law

7. Data Subject Rights: Procedures for handling data subject requests and determining controller responsibility

8. Data Security: Security measures required by UAE law and agreed upon by the parties

9. Confidentiality: Confidentiality obligations regarding processed personal data

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

11. Cross-border Data Transfers: Rules and safeguards for international data transfers under UAE law

12. Liability and Indemnification: Allocation of liability between joint controllers

13. Term and Termination: Duration of the agreement and termination provisions

14. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction

Optional Sections

1. Sub-processing: Include when joint controllers may engage sub-processors

2. Audit Rights: Include when parties require specific audit arrangements beyond statutory requirements

3. Insurance: Include when specific insurance coverage is required for data protection

4. Data Protection Impact Assessment: Include when processing activities require DPIAs under UAE law

5. Special Categories of Data: Include when processing sensitive personal data

6. Industry-Specific Requirements: Include when processing occurs in regulated sectors (e.g., healthcare, financial services)

7. Free Zone Specific Provisions: Include when either party operates in DIFC or ADGM

8. Data Retention and Deletion: Include when specific retention periods or deletion procedures are required

Suggested Schedules

1. Description of Processing Activities: Detailed description of personal data categories, processing purposes, and data subjects

2. Technical and Organizational Measures: Specific security measures implemented by both controllers

3. Data Subject Rights Procedure: Detailed procedures for handling data subject requests

4. Contact Details and Escalation Protocol: Key contacts and escalation procedures for each controller

5. Data Breach Response Plan: Detailed procedures for managing and reporting data breaches

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

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

8. Information Security Standards: Specific security standards and certifications required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Law
Business Day
Confidential Information
Controller
Data Breach
Data Protection Authority
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Executive Regulations
Federal Data Protection Law
Joint Processing Activities
Lead Controller
Personal Data
Processing
Processor
Professional Data
Sensitive Personal Data
Security Measures
Sub-processor
Supervisory Authority
Technical Measures
Organizational Measures
Third Party
Transfer Mechanism
UAE
Cross-border Transfer
Data Subject Request
Documented Instructions
Implementation Date
Point of Contact
Processing Record
Response Protocol
Security Breach
System
Working Hours
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Professional Services

Real Estate

Insurance

Retail

Hospitality

Transportation and Logistics

Energy

Manufacturing

Government Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Data Protection

Privacy

Information Governance

Digital

Commercial

Technology

Enterprise Architecture

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Chief Technology Officer

Risk Manager

Operations Director

Project Manager

IT Director

Chief Digital Officer

Commercial Director

General Counsel

Head of Compliance

Privacy Manager

Information Governance Manager

Industries
Federal Decree-Law No. 45 of 2021: The UAE's primary Personal Data Protection Law which establishes the framework for processing and protecting personal data, including requirements for data controllers and processors
Executive Regulations of Federal Decree-Law No. 45 of 2021: Detailed implementation regulations for the UAE Personal Data Protection Law, providing specific requirements for data processing agreements and joint controller arrangements
DIFC Law No. 5 of 2020: Data Protection Law specific to the Dubai International Financial Centre, which may be relevant if any party operates within the DIFC
ADGM Data Protection Regulations 2021: Abu Dhabi Global Market's data protection regulations, which may be applicable if any party operates within the ADGM
Federal Law No. 5 of 1985 (Civil Code): Governs contractual relationships and obligations between parties in the UAE, providing the legal framework for the agreement structure
Federal Law No. 2 of 2019: Concerning the Use of Information and Communication Technology in Healthcare, relevant for processing health-related data
UAE Cabinet Resolution No. 31 of 2019: Regulations concerning cybersecurity standards and requirements, which may affect data security measures in the agreement
Federal Law No. 1 of 2006: Electronic Transactions and Commerce Law, relevant for electronic data processing and storage requirements
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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