The Controller Processor Agreement is essential when an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document is required under Article 28 of the GDPR and must comply with Irish law, including the Data Protection Act 2018. It sets out the processor's obligations regarding data security, confidentiality, sub-processing, and assistance with data subject requests. The agreement includes specific provisions required by Irish regulators and the Irish Data Protection Commission, making it suitable for organizations operating under Irish jurisdiction. It typically contains detailed schedules outlining the nature of processing activities, security measures, and approved sub-processors, ensuring comprehensive coverage of all GDPR compliance requirements.
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1. Parties: Identification of the controller and processor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the data processing
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes
5. Duration of Processing: Term of the agreement and processing activities
6. Nature and Purpose of Processing: Specific details about how and why the data will be processed
7. Processor Obligations: Core obligations of the processor including security measures, confidentiality, and compliance with controller's instructions
8. Controller Obligations: Responsibilities and obligations of the controller, including lawful basis for processing
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 Security: Security measures and standards required for data protection
12. Data Breach Notification: Procedures and timeframes for reporting data breaches
13. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
14. Data Return and Deletion: Obligations regarding data handling upon agreement termination
15. Liability and Indemnification: Allocation of liability and indemnification obligations
16. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data may be transferred outside the EEA, detailing transfer mechanisms and safeguards
2. Specialized Processing Activities: For specific types of processing requiring additional safeguards (e.g., sensitive data processing)
3. Insurance Requirements: Specific insurance obligations for high-risk processing activities
4. Business Continuity: Required for critical processing activities needing specific continuity guarantees
5. Change Control: Formal procedures for managing changes to processing activities or terms
6. Exit Management: Detailed procedures for transitioning services to another processor
7. Costs and Fees: Required when there are specific charging arrangements for processor services
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms where applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters
7. Appendix B - Service Levels: Performance metrics and service levels for processing activities
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