Joint Controller Data Processing Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
This Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Malaysia. The document is required for compliance with the Personal Data Protection Act (PDPA) 2010 and related regulations, ensuring clear allocation of responsibilities and liabilities between joint controllers. It becomes necessary when organizations collaborate on projects or services involving shared data processing activities, such as joint ventures, partnerships, or integrated service offerings. The agreement includes detailed provisions on data protection measures, breach handling, data subject rights, and regulatory compliance, tailored to Malaysian legal requirements and business practices.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 Industries

Financial Services

Healthcare

Technology and Software

E-commerce

Education

Insurance

Telecommunications

Professional Services

Real Estate

Retail

Manufacturing

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Data Protection

Information Technology

Operations

Business Development

Procurement

Corporate Governance

Privacy

Relevant Roles

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

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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