Controller To Controller Dpa Template for United States

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Key Requirements PROMPT example:

Controller To Controller Dpa

"I need a Controller-to-Controller DPA to govern data sharing between my healthcare tech company and a research institution in California, ensuring HIPAA compliance and covering patient data transfer starting March 2025."

Document background
The Controller-to-Controller DPA is essential when two organizations need to share personal data while maintaining independent control over the processing activities. This document is particularly crucial in the United States, where organizations must navigate complex federal and state privacy regulations. The agreement specifies each party's obligations regarding data protection, security measures, breach notification procedures, and compliance with various privacy laws. It should be used whenever two controllers plan to share personal data on a regular basis or for specific projects, ensuring clear allocation of responsibilities and compliance with applicable regulations.
Suggested Sections

1. Parties: Identification of both controllers and their legal details

2. Background: Context of data sharing relationship and purpose

3. Definitions: Key terms including data categories, processing activities, and regulatory references

4. Scope and Purpose: Details of data sharing arrangement and legitimate purposes

5. Obligations of the Parties: Mutual responsibilities for data protection

6. Data Security Measures: Required security controls and standards

7. Data Subject Rights: Procedures for handling data subject requests

8. Breach Notification: Process for reporting and managing data breaches

Optional Sections

1. International Transfers: Required when data crosses borders - includes mechanisms and safeguards for international data transfers

2. Sector-Specific Compliance: Additional requirements for regulated industries (HIPAA, GLBA, FERPA, or COPPA compliance)

3. Sub-processing: Rules and requirements for engaging additional processors by either party

Suggested Schedules

1. Schedule 1 - Data Processing Details: Detailed description of data categories, purposes, and processing activities

2. Schedule 2 - Security Measures: Technical and organizational measures implemented by both parties

3. Schedule 3 - Sub-processor List: List of approved sub-processors and their roles

4. Schedule 4 - Data Transfer Mechanisms: Approved methods and safeguards for international data transfers

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 legal definitions
Industries

FTC Act: Federal Trade Commission Act, particularly Section 5, which governs unfair or deceptive practices and establishes privacy and data security requirements at the federal level

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - comprehensive state privacy laws that set requirements for businesses handling California residents' data, including specific provisions for data sharing between businesses

VCDPA: Virginia Consumer Data Protection Act - state privacy law establishing requirements for processing Virginia residents' personal data

CPA: Colorado Privacy Act - state privacy law governing the processing of Colorado residents' personal data

UCPA: Utah Consumer Privacy Act - state privacy law establishing requirements for processing Utah residents' personal data

GDPR Considerations: European Union's General Data Protection Regulation requirements, particularly Article 26 for joint controllers and data transfer mechanisms, if processing EU residents' data

HIPAA: Health Insurance Portability and Accountability Act - federal law governing protected health information in the healthcare sector

GLBA: Gramm-Leach-Bliley Act - federal law governing personal financial information in the financial sector

FERPA: Family Educational Rights and Privacy Act - federal law protecting the privacy of student education records

COPPA: Children's Online Privacy Protection Act - federal law governing the collection of personal information from children under 13

NIST Framework: National Institute of Standards and Technology Cybersecurity Framework - voluntary guidance for organizations to better manage and reduce cybersecurity risk

ISO 27001: International standard for information security management systems, providing requirements for establishing, implementing, maintaining and continually improving security controls

SOC 2: Service Organization Control 2 - compliance framework for managing data security based on trust service criteria

State Breach Laws: Various state-specific data breach notification laws requiring notification of affected individuals in case of data breaches

Cross-Border Requirements: Requirements and mechanisms for lawful international data transfers, including standard contractual clauses and adequacy decisions

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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