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Third Party Sharing Agreement

Third Party Sharing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Third Party Sharing Agreement

"I need a Third Party Sharing Agreement for my fintech company to share customer transaction data with a cloud analytics provider in Malaysia, ensuring PDPA compliance and including specific provisions for financial data protection."

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Document background
The Third Party Sharing Agreement is essential for organizations operating in Malaysia that need to share data with external parties while maintaining compliance with local regulations, particularly the Personal Data Protection Act 2010. This document is typically used when companies need to establish formal arrangements for sharing customer data, business information, or other sensitive data with service providers, business partners, or other third parties. It includes comprehensive provisions for data protection, security measures, confidentiality obligations, and compliance requirements specific to Malaysian law. The agreement is particularly relevant in today's digital economy where data sharing is increasingly common across various business operations and services. It helps organizations manage risks associated with data sharing while ensuring regulatory compliance and protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company details

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including types of data, security standards, and key concepts

4. Scope of Data Sharing: Clear description of what data will be shared, purposes of sharing, and any restrictions on use

5. Data Protection Obligations: Compliance requirements with PDPA and other relevant data protection laws, including data handling procedures

6. Security Requirements: Specific security measures required for data protection, including technical and organizational measures

7. Confidentiality: Obligations regarding confidential information, including handling, protection, and non-disclosure requirements

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Warranties and Representations: Assurances from each party regarding their authority, compliance, and data handling capabilities

10. Liability and Indemnification: Allocation of risks and responsibilities, including indemnification obligations

11. Dispute Resolution: Process for handling disputes, including jurisdiction and governing law

12. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Cross-border Transfer Provisions: Required when data will be transferred outside Malaysia, addressing specific PDPA requirements for international transfers

2. Industry-Specific Compliance: Additional compliance requirements for specific industries (e.g., healthcare, financial services)

3. Data Monetization: Terms regarding commercial exploitation of data, if applicable

4. Technical Integration: Details of technical requirements for data sharing systems and integration

5. Audit Rights: Provisions for conducting audits of data handling practices

6. Business Continuity: Requirements for maintaining business continuity and disaster recovery in relation to shared data

7. Joint Controller Provisions: Required when parties are deemed joint controllers of the data under PDPA

Suggested Schedules

1. Schedule 1: Data Categories: Detailed list and description of all data categories to be shared

2. Schedule 2: Security Standards: Specific technical and organizational security measures required

3. Schedule 3: Service Levels: Performance metrics and service levels for data sharing activities

4. Schedule 4: Fee Schedule: Details of any fees or costs associated with data sharing, if applicable

5. Schedule 5: Authorized Personnel: List of authorized personnel who may access shared data

6. Schedule 6: Data Processing Activities: Detailed description of all data processing activities

7. Appendix A: Technical Specifications: Technical requirements for data format, transfer methods, and integration

8. Appendix B: Contact Details: Contact information for key personnel and escalation procedures

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
Authorized Personnel
Business Day
Confidential Information
Data Controller
Data Processor
Data Protection Laws
Data Security Breach
Data Subject
Effective Date
Force Majeure Event
Intellectual Property Rights
Malaysian Law
Personal Data
Processing
Recipient
Security Requirements
Sensitive Personal Data
Services
Shared Data
Term
Third Party
Transfer
Data Protection Officer
Technical Standards
Security Incident
Business Purpose
Compliance Requirements
Data Format
Database
Access Controls
Breach Notification
Consent
Data Storage Location
Encryption Standard
Implementation Date
Permitted Purpose
Privacy Notice
Processing Record
Security Protocol
Service Level
Territory
Transmission Method
Working Hours
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Manufacturing

Professional Services

Insurance

Retail

Media and Entertainment

Research and Development

Relevant Teams

Legal

Information Technology

Compliance

Information Security

Data Protection

Risk Management

Operations

Business Development

Procurement

Technical Operations

Data Governance

Enterprise Architecture

Commercial

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Business Development Manager

Risk Manager

Operations Manager

Project Manager

Information Security Manager

Data Governance Manager

Commercial Director

Chief Technology Officer

Privacy Counsel

Industries
Personal Data Protection Act 2010: Malaysia's primary data protection legislation that regulates the processing of personal data in commercial transactions. Essential for determining data sharing requirements, consent mechanisms, and cross-border data transfer restrictions.
Contracts Act 1950: Governs the fundamental principles of contract formation, validity, and enforcement in Malaysia. Crucial for ensuring the agreement meets basic contractual requirements.
Competition Act 2010: Regulates anti-competitive practices and ensures fair market behavior. Relevant to ensure the sharing agreement doesn't create unfair market advantages or violate competition laws.
Trade Secrets Act 2021: Protects confidential business information and trade secrets. Important for including appropriate confidentiality provisions and protecting proprietary information in sharing arrangements.
Consumer Protection Act 1999: Protects consumer interests and rights. Relevant if the data sharing involves consumer information or affects consumer services.
Digital Signature Act 1997: Regulates the use of digital signatures and electronic transactions. Important for establishing the validity of electronic execution of the agreement.
Communications and Multimedia Act 1998: Regulates the communications and multimedia industry. Relevant if the data sharing involves telecommunications or digital content.
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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