This Data Protection Agreement is essential for organizations engaging in the processing of personal data under Maltese jurisdiction, where one party (the processor) processes personal data on behalf of another party (the controller). The agreement ensures compliance with both the EU General Data Protection Regulation (GDPR) and Malta's Data Protection Act (Cap. 586), making it mandatory for businesses operating in or from Malta that outsource data processing activities. It covers crucial aspects such as security measures, data breach notifications, sub-processor arrangements, and international data transfers, while incorporating specific requirements from Maltese data protection authorities. This document is particularly important given Malta's position as a growing technology and financial services hub, where cross-border data processing is common.
Data Protection Agreement for Malta
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Key Requirements PROMPT example:
Data Protection Agreement
"I need a Data Protection Agreement for my Malta-based fintech company that processes customer payment data across the EU and UK, with plans to use AWS cloud services in Ireland starting March 2025; the agreement should include provisions for AI-driven fraud detection."
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1. Parties: Identification of the data controller and data processor, including their registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of data processing
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes
5. Duration of Processing: Timeframe for the data processing activities and agreement term
6. Nature and Purpose of Processing: Specific details about how data will be processed and the legitimate basis for processing
7. Obligations of the Data Processor: Core processor obligations under GDPR Article 28, including security measures, confidentiality, and sub-processor requirements
8. Obligations of the Data Controller: Controller's responsibilities and duties in relation to the processing activities
9. Technical and Organizational Measures: Security measures to be implemented to protect personal data
10. Sub-processing: Conditions and requirements for engaging sub-processors
11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
12. Data Breach Notification: Procedures and timeframes for reporting data breaches
13. Audit Rights: Controller's rights to audit processor's compliance
14. Termination: Conditions for termination and data handling upon termination
15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA
2. Special Categories of Data: Required when processing sensitive personal data as defined in GDPR Article 9
3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
4. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor
5. Insurance Requirements: Optional section specifying required insurance coverage for data protection
6. Processor Personnel: Detailed requirements for staff training and confidentiality obligations
7. Business Continuity and Disaster Recovery: Required for critical processing activities
8. Exit Management: Detailed procedures for transitioning services to another processor
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed 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 if applicable
5. Schedule 5 - Security Breach Notification Form: Template for reporting data breaches
6. Schedule 6 - Contact Details: Key contacts for both parties for operational and emergency matters
7. Appendix A - Data Processing Impact Assessment: If required, detailed assessment of processing risks
8. Appendix B - Standard Contractual Clauses: If international transfers are involved, EU approved SCCs
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Manufacturing
Telecommunications
Insurance
Human Resources
Marketing and Advertising
Research and Development
Government and Public Sector
Retail
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Operations
Procurement
Data Protection
Privacy
Information Governance
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Operations Director
Project Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Data Protection Consultant
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