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The Data Processing Addendum (DPA) is a critical legal document used when one organization (the data controller) engages another organization (the data processor) to process personal data on its behalf. This document is essential in the Canadian privacy landscape, where organizations must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) at the federal level and various provincial privacy laws. The DPA establishes clear guidelines for data processing activities, security measures, breach notification procedures, and cross-border data transfers. It typically supplements a main service agreement and includes detailed schedules specifying technical and organizational measures for data protection. The document is particularly important given Canada's comprehensive privacy framework and the increasing focus on data protection globally. The DPA helps organizations demonstrate compliance with privacy regulations and establishes clear accountability frameworks for all parties involved in data processing activities.

1. Parties: Identification of the data controller and data processor, including full legal names and addresses

2. Background: Context of the relationship between parties and purpose of the DPA, including reference to the main agreement this DPA supplements

3. Definitions: Definitions of key terms including Personal Data, Processing, Data Subject, Controller, Processor, Applicable Privacy Laws, etc.

4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement

5. Roles and Responsibilities: Clear delineation of roles as controller and processor, and their respective responsibilities

6. Processing Obligations: Processor's obligations regarding data processing, including processing only on documented instructions

7. Security Measures: Technical and organizational security measures required to protect personal data

8. Confidentiality: Confidentiality obligations for personnel handling personal data

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Data Breach Notification: Procedures and timelines for reporting and handling data breaches

12. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

13. Term and Termination: Duration of the DPA and termination provisions

14. Return or Deletion of Data: Obligations regarding personal data upon termination of services

15. Governing Law and Jurisdiction: Specification of Canadian law as governing law and jurisdiction for disputes