tiktok³ÉÈË°æ

This Joint Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Malaysia. It is specifically designed to comply with the Malaysian Personal Data Protection Act 2010 (PDPA) and related data protection regulations. The agreement should be used when organizations share decision-making authority over data processing activities, such as in joint ventures, shared services arrangements, or collaborative projects. It includes crucial provisions for data protection compliance, risk allocation, and operational procedures. The document ensures clear delineation of responsibilities, establishes protocols for data subject rights management, and defines procedures for handling data breaches. This agreement is particularly important given Malaysia's strict data protection requirements and the potential penalties for non-compliance.

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the agreement and explanation of the joint processing activities

3. Definitions: Key terms used in the agreement, including those from PDPA 2010 and relevant Malaysian legislation

4. Scope and Purpose: Define the scope of joint processing activities and purposes for which personal data is processed

5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers for PDPA compliance

6. Data Processing Principles: Commitment to comply with Malaysian PDPA principles and processing requirements

7. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities

8. Data Security: Security measures and protocols to be implemented by both parties

9. Data Breach Notification: Procedures for handling and reporting data breaches

10. Liability and Indemnification: Distribution of liability between joint controllers and indemnification provisions

11. Term and Termination: Duration of the agreement and termination provisions

12. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction

13. General Provisions: Standard contractual provisions including notices, amendments, and severability