This Data Protection Agreement (DPA) is essential for organizations operating under Maltese jurisdiction that engage in the processing of personal data on behalf of others. The document is specifically required under Article 28 of the GDPR and Malta's Data Protection Act 2018, being mandatory when a data controller engages a data processor. The DPA sets out the processing parameters, security requirements, confidentiality obligations, and practical arrangements for ensuring compliance with data protection laws. It includes provisions for data breach notification, audit rights, and data subject request handling, while incorporating Malta-specific requirements and references to the supervision of the Information and Data Protection Commissioner. This agreement is particularly relevant for Malta's thriving financial services, gaming, and technology sectors, where cross-border data processing is common.
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1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and registered addresses
2. Background: Context of the data processing relationship, reference to main service agreement if applicable, and purpose of the DPA
3. Definitions: Definitions of 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, for what purposes, and the duration of processing
5. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements
6. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing, instructions, and compliance with GDPR principles
7. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection
8. Sub-processing: Rules and procedures for engaging sub-processors, including required authorizations and obligations
9. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations
10. Personal Data Breach Management: Procedures for detecting, reporting, and handling data breaches
11. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
12. Data Return and Deletion: Obligations regarding data handling upon termination of services
13. Liability and Indemnities: Allocation of responsibilities and liabilities between parties
14. Term and Termination: Duration of the agreement and termination provisions
15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including mechanisms for ensuring adequate protection
2. Special Categories of Personal Data: Additional safeguards and requirements when processing sensitive personal data
3. Children's Data Processing: Special provisions required when processing personal data of children under 16
4. Data Protection Impact Assessments: Processor's obligations to assist with DPIAs when required
5. Insurance Requirements: Specific insurance obligations for data protection-related incidents
6. Joint Controller Provisions: Required when the relationship involves joint controllership rather than controller-processor relationship
7. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)
1. Schedule 1 - Details of Processing: Detailed description of data types, categories of data subjects, processing purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures, access controls, and other technical safeguards
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including Standard Contractual Clauses if applicable
5. Schedule 5 - Data Breach Response Plan: Detailed procedures and contact information for breach notification and handling
6. Appendix A - Data Processing Instructions: Specific instructions from the controller regarding data processing activities
7. Appendix B - Security Audit Requirements: Detailed requirements and procedures for security audits and assessments
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