The Joint Controller Data Sharing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Australia. This document is particularly relevant in scenarios where multiple entities share decision-making authority over data processing activities and need to clearly define their respective responsibilities under Australian privacy law. It addresses requirements under the Privacy Act 1988 (Cth) and Australian Privacy Principles, including obligations for data protection, breach notification, and data subject rights. The agreement is crucial for organizations engaged in collaborative projects, shared services, or joint ventures where personal data processing is involved. It helps organizations demonstrate compliance with Australian privacy regulations while providing a clear framework for operational collaboration in data sharing activities.
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1. Parties: Identification of all joint controllers who are parties to the agreement
2. Background: Context of the data sharing arrangement, relationship between parties, and purpose of the agreement
3. Definitions: Defined terms including key concepts from privacy laws, data categories, and operational terms
4. Scope and Purpose: Detailed description of the data sharing activities and legitimate purposes for processing
5. Roles and Responsibilities: Clear delineation of each party's obligations as joint controllers
6. Data Protection Compliance: Commitments to comply with Privacy Act, APPs, and other relevant legislation
7. Technical and Organizational Measures: Security measures implemented to protect shared data
8. Data Subject Rights: Procedures for handling data subject requests and maintaining their rights
9. Data Breach Notification: Protocols for identifying, reporting, and managing data breaches
10. Confidentiality: Obligations regarding confidentiality of shared data and business information
11. Term and Termination: Duration of agreement and circumstances for termination
12. Liability and Indemnities: Allocation of risk and responsibilities between parties
13. General Provisions: Standard contractual clauses including governing law, dispute resolution, and entire agreement
1. Cross-Border Data Transfers: Required when data will be transferred outside Australia, detailing compliance with APP 8
2. Subprocessing: Include when parties may engage third-party data processors
3. Industry-Specific Compliance: Add when sharing data in regulated sectors (e.g., healthcare, financial services)
4. Data Monetization: Include if parties intend to commercialize the shared data
5. Consumer Data Right Compliance: Required when sharing involves CDR data
6. Joint Marketing Activities: Include if parties will conduct joint marketing using shared data
1. Categories of Data: Detailed list of personal and non-personal data being shared
2. Technical Security Requirements: Specific security standards and protocols for data protection
3. Data Processing Activities: Detailed description of processing operations and purposes
4. Contact Points and Escalation Procedures: Key contacts and procedures for operational matters and emergencies
5. Privacy Notice Template: Joint privacy notice to be provided to data subjects
6. Data Breach Response Plan: Detailed procedures for managing data breaches
7. Approved Subprocessors: List of approved third-party processors if applicable
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