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Joint Controller Data Processing Agreement
"I need a Joint Controller Data Processing Agreement for a collaboration between a Philippine healthcare provider and a medical research institution, with specific provisions for processing sensitive health data and managing joint research projects starting March 2025."
1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including those from the Data Privacy Act
4. Scope and Purpose: Detailed description of the joint processing activities and their purposes
5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers, including primary points of contact
6. Data Protection Principles: Commitment to comply with data protection principles under Philippine law
7. Legal Basis for Processing: Identification of legal grounds for processing under the Data Privacy Act
8. Data Subject Rights: Procedures for handling data subject requests and allocation of responsibilities
9. Data Security: Security measures to be implemented by both parties
10. Personal Data Breach Management: Procedures for handling and reporting data breaches
11. Confidentiality: Obligations regarding confidentiality of personal data and business information
12. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
13. Term and Termination: Duration of the agreement and termination provisions
14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. International Data Transfers: Required if personal data will be transferred outside the Philippines
2. Sub-processing: Include if either party may engage sub-processors
3. Insurance: Include if specific insurance requirements are needed for data protection
4. Audit Rights: Include if parties require mutual audit rights beyond statutory obligations
5. Data Protection Impact Assessment: Include if high-risk processing requires regular DPIAs
6. Joint Controller Point of Contact: Include if designating a single point of contact for data subjects
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of processing activities and purposes
3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties
4. Schedule 4 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
5. Schedule 5 - Breach Notification Procedure: Detailed procedures for breach notification and management
6. Schedule 6 - Contact Details: Key contacts for both parties for various purposes under the agreement
7. Appendix A - Data Processing Register: Template for maintaining records of processing activities
8. Appendix B - Sub-processor List: Current list of approved sub-processors (if applicable)
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