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Joint Controller Data Sharing Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial privacy laws, specifically designed for situations where two or more organizations jointly determine the purposes and means of processing personal information. This agreement establishes the framework for shared data protection responsibilities, ensuring compliance with PIPEDA and applicable provincial privacy legislation. It details the allocation of responsibilities between controllers, data security measures, breach notification procedures, and mechanisms for protecting individual privacy rights, while establishing clear accountability and liability arrangements between the parties.

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What is a Joint Controller Data Sharing Agreement?

This document is essential when two or more organizations act as joint controllers in processing personal information under Canadian privacy law. A Joint Controller Data Sharing Agreement becomes necessary when organizations share decision-making authority over the purposes and means of data processing, requiring clear delineation of responsibilities and compliance obligations. It addresses requirements under PIPEDA and provincial privacy laws, establishing protocols for data security, breach notification, and individual rights management. This agreement is particularly crucial in complex data sharing arrangements where multiple parties have equal standing in determining how personal information is handled, such as research partnerships, shared services arrangements, or joint ventures. The agreement helps organizations demonstrate accountability and compliance with Canadian privacy principles while providing a clear framework for cooperation and risk management.

What sections should be included in a Joint Controller Data Sharing Agreement?

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the data sharing arrangement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement, including relevant terms from PIPEDA and applicable privacy laws

4. Scope and Purpose: Definition of the specific purposes for data sharing and the scope of joint processing activities

5. Roles and Responsibilities: Detailed breakdown of each controller's obligations and responsibilities in the joint arrangement

6. Legal Basis for Processing: Identification of the legal grounds for processing personal information under Canadian privacy laws

7. Data Protection Principles: Commitment to and implementation of fundamental data protection principles under Canadian law

8. Security Measures: Technical and organizational measures required to protect personal information

9. Data Breach Notification: Procedures for handling and reporting privacy breaches between parties and to authorities

10. Individual Rights: Procedures for handling data subject requests and ensuring compliance with individual rights

11. Term and Termination: Duration of the agreement and conditions for termination

12. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions

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

What sections are optional to include in a Joint Controller Data Sharing Agreement?

1. Cross-border Data Transfers: Required when personal information will be transferred outside of Canada

2. Sector-Specific Requirements: Include when dealing with regulated sectors such as healthcare or financial services

3. Audit Rights: Optional provisions for mutual audit rights between controllers

4. Insurance Requirements: Specific insurance obligations for high-risk processing activities

5. Data Retention and Disposal: Specific requirements for retention periods and secure disposal methods

6. Subprocessing: Required when either controller may engage subprocessors

7. Force Majeure: Optional provisions for handling circumstances beyond parties' control

What schedules should be included in a Joint Controller Data Sharing Agreement?

1. Schedule A - Categories of Personal Information: Detailed list of personal information types being shared

2. Schedule B - Technical and Security Requirements: Specific security measures and technical requirements for data sharing

3. Schedule C - Data Processing Activities: Detailed description of processing activities carried out by each controller

4. Schedule D - Contact Points and Escalation Procedures: Key contacts and procedures for operational and emergency situations

5. Schedule E - Privacy Impact Assessment: Summary of privacy impact assessment findings and mitigation measures

6. Appendix 1 - Standard Operating Procedures: Detailed procedures for day-to-day operations and data handling

7. Appendix 2 - Breach Response Plan: Detailed procedures for responding to and managing data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Cost

Free to use

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