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Data Management Agreement

Data Management Agreement Template for Malaysia

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Key Requirements PROMPT example:

Data Management Agreement

"I need a Data Management Agreement for my healthcare company in Malaysia to engage a Singapore-based data analytics provider who will process patient data and health records starting March 2025, with strict compliance requirements for cross-border health data transfers."

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Document background
This Data Management Agreement is essential for organizations operating in Malaysia that engage in the collection, processing, storage, or transfer of data, particularly when involving third-party service providers. The document is designed to comply with Malaysian legislation, specifically the Personal Data Protection Act 2010, and addresses critical aspects of data protection, security requirements, and privacy compliance. It becomes necessary when a company outsources data management functions, engages cloud service providers, or establishes data sharing arrangements with other entities. The agreement includes detailed provisions for data handling procedures, security measures, confidentiality obligations, breach notification requirements, and audit rights, while also considering cross-border data transfer restrictions and industry-specific compliance requirements under Malaysian law.
Suggested Sections

1. Parties: Identification of the contracting parties, including their full legal names, registration numbers, and registered addresses

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

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms and data categories

4. Scope of Services: Detailed description of data management services to be provided

5. Data Protection Obligations: Compliance requirements with PDPA 2010 and other relevant data protection laws

6. Security Requirements: Mandatory security measures for data protection and breach prevention

7. Confidentiality: Obligations regarding confidential information handling and protection

8. Data Processing Standards: Standards and procedures for data collection, processing, storage, and deletion

9. Incident Management: Procedures for handling data breaches and security incidents

10. Audit Rights: Rights and procedures for auditing data management practices

11. Term and Termination: Duration of agreement and termination provisions

12. General Provisions: Standard legal provisions including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-Border Data Transfers: Requirements and procedures for international data transfers, required when data will be processed outside Malaysia

2. Industry-Specific Compliance: Additional compliance requirements for specific sectors like healthcare or banking

3. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for critical data management

4. Sub-processor Requirements: Rules and obligations for engaging sub-processors, needed when third-party processing is anticipated

5. Data Migration: Procedures for initial data migration and transfer, required for new service arrangements

6. Insurance Requirements: Specific insurance obligations for data protection, recommended for high-value or sensitive data

7. Special Categories of Data: Additional provisions for handling sensitive personal data or special categories of data

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications of data management services

2. Schedule 2 - Security Protocols: Comprehensive security measures and technical requirements

3. Schedule 3 - Data Categories: Categories of data covered by the agreement and their classification

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Schedule 5 - Processing Activities: Detailed description of all data processing activities

6. Schedule 6 - Authorized Personnel: List of authorized personnel and access levels

7. Schedule 7 - Sub-processors: List of approved sub-processors and their roles

8. Appendix A - Data Protection Impact Assessment: Assessment of data protection risks and mitigation measures

9. Appendix B - Incident Response Plan: Detailed procedures for responding to data incidents

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 Law
Authorized Personnel
Business Day
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Data Processing Activities
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
Information Security Requirements
Losses
Material Breach
Notice
Personal Data
Processing
Security Breach
Security Measures
Services
Service Levels
Sensitive Personal Data
Sub-processor
Term
Third Party
Working Hours
Client Data
Compliance Requirements
Data Storage Location
Emergency Maintenance
Incident Response Plan
Privacy Policy
Processing Records
Regulatory Authority
Security Standards
Technical Requirements
Relevant Industries

Technology

Healthcare

Financial Services

Education

Retail

Manufacturing

Telecommunications

Professional Services

Government

Insurance

E-commerce

Transportation

Hospitality

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Risk Management

Operations

Data Management

Privacy

Procurement

Information Governance

Enterprise Architecture

Infrastructure

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Information Security Manager

Compliance Manager

IT Director

Legal Counsel

Risk Manager

Operations Manager

Technology Manager

Data Manager

Information Governance Manager

Chief Technology Officer

Chief Privacy Officer

Procurement Manager

Industries
Personal Data Protection Act 2010: The primary legislation governing the processing of personal data in commercial transactions in Malaysia. It establishes data protection principles, rights of data subjects, and obligations of data users.
Digital Signature Act 1997: Relevant for electronic signing and authentication of documents, which may be required in the data management agreement for secure data handling and verification.
Electronic Commerce Act 2006: Governs electronic transactions and provides legal recognition of electronic messages in commercial transactions, relevant for digital data management and transfer.
Computer Crimes Act 1997: Provides legal framework for computer crimes and unauthorized access to data, important for security provisions in data management agreements.
Communications and Multimedia Act 1998: Regulates communications and multimedia activities, including aspects of network security and data transmission.
Cybersecurity Act 2018: Provides framework for national cybersecurity matters and protection of critical information infrastructure, relevant for data security requirements.
Official Secrets Act 1972: May be relevant if the data management agreement involves government data or classified information.
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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