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Data Sharing Agreement Controller To Processor
"I need a Data Sharing Agreement Controller To Processor for my healthcare technology company to engage a cloud storage provider who will process patient data, ensuring HIPAA compliance and including specific provisions for breach notification within 24 hours."
1. Parties: Identification of the Data Controller and Data Processor, including full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject', etc.
4. Scope and Purpose: Details of what data will be shared and processed, and for what purposes
5. Obligations of the Processor: Core responsibilities of the Processor including security measures, confidentiality, and processing limitations
6. Instructions and Authority: Parameters within which the Processor may process the data
7. Security Measures: Technical and organizational measures required to protect the data
8. Breach Notification: Procedures for handling and reporting data breaches
9. Term and Termination: Duration of agreement and termination provisions
1. International Transfers: Requirements and safeguards for transferring data across borders, applicable when data may be transferred outside the US
2. Subprocessing: Terms and conditions for engaging additional processors, including approval processes and liability
3. Industry-Specific Compliance: Additional requirements for specific regulated sectors such as healthcare (HIPAA) or financial services (GLBA)
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including types of data, purposes, and duration
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures
3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors, if any
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for data processing activities
Authors
Applicable Data Protection Laws
Authorized Personnel
Business Purpose
Confidential Information
Controller
Data Breach
Data Protection Impact Assessment
Data Subject
Data Subject Rights
Effective Date
Personal Data
Processing
Processor
Security Measures
Services
Subprocessor
Technical and Organizational Measures
Term
Third Party
Special Categories of Personal Data
Standard Contractual Clauses
Transfer Mechanism
Supervisory Authority
Records of Processing
Privacy Notice
Permitted Purpose
International Transfer
Instructions
Intellectual Property Rights
Data Security
Confidentiality
Service Levels
Compliance
Audit Rights
Breach Notification
Indemnification
Liability
Insurance
Subcontracting
International Data Transfers
Data Subject Rights
Records and Documentation
Technical and Organizational Measures
Reporting and Communication
Term and Termination
Exit Management
Force Majeure
Governing Law
Dispute Resolution
Assignment
Severability
Variation
Notices
Entire Agreement
Warranties and Representations
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