The Privacy Agreement serves as a crucial legal instrument for organizations operating under Maltese jurisdiction that process personal data. It is essential for ensuring compliance with the EU GDPR and Malta's Data Protection Act, particularly in Malta's growing digital economy sectors such as financial services, gaming, and technology. This document should be implemented when organizations collect, process, or share personal data, whether acting as data controllers or processors. The Privacy Agreement includes detailed provisions on data protection principles, security measures, data subject rights, breach notification procedures, and cross-border data transfers where applicable. It is designed to meet the stringent requirements of both EU and Maltese data protection regulations while providing practical operational guidelines for the parties involved.
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1. Parties: Identification of the data controller/processor and the other contracting party
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms including personal data, processing, controller, processor, data subject, etc.
4. Scope and Purpose: Details of what personal data will be collected and processed, and for what purposes
5. Legal Basis for Processing: Specification of the legal grounds under GDPR for processing personal data
6. Data Subject Rights: Explanation of rights under GDPR including access, rectification, erasure, and data portability
7. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, etc.
8. Security Measures: Technical and organizational measures to protect personal data
9. Data Retention: Periods for which different types of personal data will be stored
10. Data Breaches: Procedures for handling and reporting data breaches
11. Confidentiality: Obligations regarding maintaining confidentiality of personal data
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
1. International Transfers: Required when personal data may be transferred outside the EU/EEA
2. Sub-processing: Include when the processor may engage sub-processors
3. Special Categories of Data: Required when processing sensitive personal data as defined in GDPR
4. Children's Data: Include when services may involve processing personal data of children
5. Direct Marketing: Required when personal data may be used for marketing purposes
6. Automated Decision Making: Include when automated processing or profiling is involved
7. Cookie Policy Integration: Required when the agreement covers website or app usage
8. Data Protection Impact Assessment: Include when high-risk processing activities are involved
1. Schedule 1 - Categories of Personal Data: Detailed list of all personal data types being processed
2. Schedule 2 - Processing Activities: Detailed description of all processing activities and purposes
3. Schedule 3 - Technical and Organizational Security Measures: Detailed description of security measures implemented
4. Schedule 4 - Authorized Sub-processors: List of approved sub-processors if applicable
5. Appendix A - Data Subject Request Procedure: Detailed procedure for handling data subject requests
6. Appendix B - Data Breach Response Plan: Detailed procedure for responding to data breaches
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