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Data Privacy Addendum

Data Privacy Addendum Template for Malaysia

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Key Requirements PROMPT example:

Data Privacy Addendum

"I need a Data Privacy Addendum under Malaysian law for our cloud storage service provider who will be processing customer data including payment information, with the agreement starting March 1, 2025."

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Document background
The Data Privacy Addendum is essential for businesses operating in Malaysia that engage in the processing of personal data through third-party service providers. This document supplements primary service agreements by specifically addressing data protection requirements under Malaysian law, particularly the Personal Data Protection Act 2010 (PDPA). It becomes necessary when a business (as a data controller) shares personal data with service providers (as data processors) and needs to ensure adequate protection measures are in place. The addendum defines specific obligations regarding data security, confidentiality, breach notification, and compliance with Malaysian data protection principles. It is particularly important given Malaysia's strict data protection regime and the potential penalties for non-compliance with the PDPA.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and company details

2. Background: Context of the relationship between parties and purpose of the addendum

3. Definitions: Key terms used in the agreement, aligned with PDPA 2010 definitions

4. Scope and Purpose: Details of the personal data processing activities covered by the addendum

5. Data Protection Obligations: Core obligations under PDPA including notice, consent, disclosure, security, retention, data integrity, and access

6. Data Security Measures: Specific security measures required to protect personal data

7. Data Breach Notification: Procedures and timeframes for reporting data breaches

8. Confidentiality: Obligations regarding confidentiality of personal data

9. Sub-processing: Rules and requirements for engaging sub-processors

10. Audit Rights: Controller's rights to audit processor's compliance

11. Term and Termination: Duration of the addendum and termination provisions

12. Return or Destruction of Data: Obligations regarding personal data upon termination

13. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction

Optional Sections

1. Cross-border Data Transfers: Include when personal data will be transferred outside Malaysia

2. Sector-Specific Requirements: Include when processing involves regulated sectors (banking, healthcare, etc.)

3. Data Protection Impact Assessment: Include for high-risk processing activities

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

5. Data Subject Rights Management: Include detailed procedures for handling data subject requests

6. Business Continuity: Include for critical processing activities requiring continued availability

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

Suggested Schedules

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

2. Technical and Organizational Security Measures: Specific security controls and measures implemented to protect personal data

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

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

5. Contact Points and Escalation Procedures: Key contacts and procedures for operational matters and emergencies

6. Compliance Checklist: Checklist of PDPA compliance requirements and status

7. Standard Operating Procedures: Detailed procedures for routine data protection activities

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 Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Transportation and Logistics

Hospitality

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Data Protection

Privacy

Vendor Management

Corporate Governance

Regulatory Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Chief Information Security Officer

Privacy Analyst

Contracts Manager

Chief Technology Officer

Operations Manager

Chief Legal Officer

Procurement Manager

Data Protection Specialist

Industries
Personal Data Protection Act 2010 (PDPA): Malaysia's primary data protection legislation that regulates the processing of personal data in commercial transactions and applies to any person who processes or has control over the processing of personal data
Personal Data Protection Regulations 2013: Supplementary regulations to the PDPA that provide specific requirements for data protection, including registration requirements for data users and specific security standards
Standard Class User Guidelines: Guidelines issued by the Personal Data Protection Commissioner specifying requirements for different classes of data users in specific sectors
Personal Data Protection Standard 2015: Sets out security standards and requirements for the protection of personal data in Malaysia
Digital Signature Act 1997: Relevant for electronic signatures and digital certification in data processing agreements
Communications and Multimedia Act 1998: Regulates the communications and multimedia industry, including aspects of data protection in electronic communications
Cybersecurity Act 2018: Provides framework for national cybersecurity matters and relevant for data security 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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