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Controller To Controller DPA
"I need a Controller to Controller DPA under Hong Kong law for a financial services company sharing customer data with a marketing analytics provider, with specific provisions for cross-border transfers to mainland China and enhanced security measures for financial data."
1. Parties: Identification of the data controllers entering into the agreement
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific Hong Kong law terminology
4. Scope and Purpose: Defines the scope of data sharing activities and legitimate purposes for data processing
5. Compliance with Data Protection Laws: Obligations to comply with PDPO and other relevant data protection laws
6. Roles and Responsibilities: Specific obligations and responsibilities of each controller
7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under PDPO
8. Data Security: Security measures required to protect personal data
9. Data Breach Notification: Procedures for reporting and managing data breaches
10. Confidentiality: Obligations regarding confidentiality of shared personal data
11. Term and Termination: Duration of the agreement and termination provisions
12. Liability and Indemnities: Allocation of risks and responsibilities between parties
13. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction
14. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Cross-border Transfers: Required if personal data will be transferred outside of Hong Kong, particularly to mainland China
2. Sub-processing: Include if either controller may engage sub-processors for data processing activities
3. Audit Rights: Optional provisions for mutual audit rights to ensure compliance
4. Data Retention and Deletion: Specific requirements for data retention periods and deletion procedures
5. Insurance Requirements: Specific insurance obligations for data protection risks
6. Business Continuity: Provisions for ensuring continuous data protection during business disruptions
7. Costs Allocation: Specific provisions for sharing costs related to data protection measures
1. Description of Data Processing: Detailed description of personal data categories, processing purposes, and data subjects
2. Technical and Organizational Measures: Specific security measures and controls implemented by both parties
3. Contact Details: Key contacts for operational matters, data protection officers, and breach notification
4. Data Transfer Mechanisms: Details of mechanisms used for any cross-border data transfers
5. Standard Operating Procedures: Procedures for routine data sharing and handling activities
6. Service Level Agreement: Performance metrics and response times for data-related operations
Authors
Applicable Data Protection Laws
Business Day
Business Purpose
Confidential Information
Controller
Data Breach
Data Protection Impact Assessment
Data Protection Laws
Data Protection Principles
Data Subject
Data Subject Request
Disclosing Controller
Effective Date
Hong Kong
Information Notice
Law Enforcement Request
Losses
Personal Data
PDPO
Privacy Commissioner
Processing
Receiving Controller
Regulatory Authority
Representatives
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanism
Transferred Personal Data
Definitions
Scope
Roles and Responsibilities
Data Protection Compliance
Data Subject Rights
Security
Confidentiality
Data Breach
Audit Rights
Liability
Indemnification
Cross-border Transfers
Sub-processing
Term and Termination
Notice
Assignment
Severability
Entire Agreement
Force Majeure
Governing Law
Data Retention
Warranties
Insurance
Dispute Resolution
Amendment
Non-Assignment
Business Continuity
Costs
Records and Documentation
Financial Services
Healthcare
Insurance
Technology
E-commerce
Telecommunications
Professional Services
Education
Real Estate
Retail
Banking
Marketing and Advertising
Human Resources Services
Consulting
Legal Services
Legal
Compliance
Information Technology
Information Security
Risk Management
Data Protection
Operations
Privacy
Data Governance
Commercial
Procurement
Vendor Management
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
Privacy Manager
Information Security Manager
Risk Manager
Chief Technology Officer
Chief Operating Officer
Operations Director
IT Director
Data Governance Manager
Chief Legal Officer
Commercial Director
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