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Joint Controller Data Processing Agreement
"I need a Joint Controller Data Processing Agreement for a partnership between my fintech company and a local Malaysian bank, where we'll jointly process customer payment data for a new digital wallet service launching in March 2025. The agreement needs to include specific provisions for financial data security and comply with Bank Negara Malaysia guidelines."
1. Parties: Identification of the joint controllers entering into the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, description of the joint processing activities, and the relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including those from PDPA 2010 and specific terms relevant to the joint processing arrangement
4. Scope and Purpose: Detailed description of the joint processing activities, categories of personal data, and purposes of processing
5. Roles and Responsibilities: Clear delineation of each party's responsibilities as joint controllers, including primary points of contact and decision-making authority
6. Compliance with Data Protection Laws: Obligations to comply with PDPA 2010 and other relevant data protection laws
7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with data subject rights under PDPA
8. Security Measures: Technical and organizational measures required to protect personal data
9. Data Breach Notification: Procedures for handling and reporting personal data breaches
10. Confidentiality: Obligations regarding confidentiality and professional secrecy
11. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Sub-processing: Include when either party may engage sub-processors for data processing activities
2. International Data Transfers: Include when personal data may be transferred outside Malaysia
3. Insurance: Include when specific insurance requirements need to be maintained by the parties
4. Audit Rights: Include when parties require specific audit provisions beyond statutory requirements
5. Industry-Specific Compliance: Include when processing activities relate to regulated industries (e.g., healthcare, financial services)
6. Data Protection Impact Assessment: Include when high-risk processing activities require regular impact assessments
7. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties
3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests and response timeframes
4. Schedule 4 - Data Breach Response Plan: Detailed procedures for identifying, reporting, and managing data breaches
5. Schedule 5 - Contact Details: Key contacts for operational, technical, and legal matters
6. Schedule 6 - Sub-processors: List of approved sub-processors and process for adding new ones
7. Appendix A - Data Protection Impact Assessment Template: Template for conducting data protection impact assessments
8. Appendix B - Security Audit Checklist: Checklist for regular security audits and assessments
Authors
Applicable Law
Authorised Person
Business Day
Confidential Information
Consent
Data Breach
Data Controller
Data Processor
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Request
Effective Date
Joint Processing Activities
Material Breach
Notice
Personal Data
PDPA
Processing
Processing Records
Regulator
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Working Day
Appointment
Scope of Processing
Joint Controller Obligations
Data Protection Compliance
Data Subject Rights
Security Measures
Confidentiality
Data Breach Notification
Sub-processing
International Transfers
Audit Rights
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Consequences of Termination
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Costs
Third Party Rights
Governing Law
Dispute Resolution
Financial Services
Healthcare
Technology and Software
E-commerce
Education
Insurance
Telecommunications
Professional Services
Real Estate
Retail
Manufacturing
Research and Development
Legal
Compliance
Information Security
Risk Management
Data Protection
Information Technology
Operations
Business Development
Procurement
Corporate Governance
Privacy
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Information Security Officer
Chief Technology Officer
Privacy Manager
Contracts Manager
Business Development Director
Operations Director
Chief Legal Officer
Chief Operating Officer
Project Manager
Information Governance Manager
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