Controller To Controller DPA Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
This Controller to Controller DPA is essential for organizations operating under Hong Kong law that share personal data with other independent organizations. The document is particularly crucial in light of Hong Kong's stringent data protection requirements under the Personal Data (Privacy) Ordinance (PDPO) and its position as a major international business hub. The agreement should be used whenever two organizations, both acting as data controllers, need to establish a formal framework for sharing personal data. It includes detailed provisions on data protection responsibilities, security measures, breach notification procedures, and cross-border data transfers. The document is designed to ensure compliance with Hong Kong's data protection regime while facilitating efficient business operations and protecting the interests of both parties and data subjects.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Financial Services

Healthcare

Insurance

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Retail

Banking

Marketing and Advertising

Human Resources Services

Consulting

Legal Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Data Governance

Commercial

Procurement

Vendor Management

Relevant Roles

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

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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