A Data Protection Addendum (DPA) is essential for businesses operating in Malaysia that engage in the processing of personal data through third parties. This document supplements existing service agreements to ensure compliance with the Malaysian Personal Data Protection Act 2010 and related regulations. The DPA becomes necessary whenever an organization (the data controller) engages another party (the data processor) to process personal data on its behalf. It outlines specific obligations regarding data security, confidentiality, breach notification, and data subject rights. The document is particularly crucial given Malaysia's strict data protection regime and significant penalties for non-compliance. It also addresses important considerations such as cross-border data transfers, sub-processing arrangements, and audit rights, making it an essential tool for maintaining data protection compliance in business relationships.
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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 existing relationship between parties and purpose of the addendum
3. Definitions: Definitions of key terms including Personal Data, Processing, Data Subject, etc. aligned with Malaysian PDPA 2010
4. Scope and Purpose of Processing: Detailed description of the personal data being processed and the specific purposes for processing
5. Data Protection Obligations: Core obligations of both parties regarding data protection, including compliance with PDPA principles
6. Security Measures: Technical and organizational measures required to protect personal data
7. Confidentiality: Obligations regarding confidentiality of personal data and training of personnel
8. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
11. Term and Termination: Duration of the addendum and conditions for termination
12. Return or Destruction of Data: Requirements for handling personal data upon termination
1. Cross-border Data Transfers: Requirements for international data transfers, necessary when data will be transferred outside Malaysia
2. Specific Industry Requirements: Additional requirements for specific sectors (e.g., financial services, healthcare)
3. Data Protection Impact Assessment: Requirements for conducting DPIAs, necessary for high-risk processing activities
4. Audit Rights: Detailed audit procedures, recommended for complex processing arrangements
5. Insurance Requirements: Specific insurance obligations for data protection, relevant for high-risk processing
6. Privacy by Design: Requirements for implementing privacy by design principles, relevant for new systems or processes
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of all processing activities and purposes
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented
4. Schedule 4 - Approved Sub-processors: List of approved sub-processors and their processing activities
5. Schedule 5 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers
6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
7. Appendix B - Security Standards: Specific security standards and certifications required
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