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Controller Processor Agreement

Controller Processor Agreement Template for Singapore

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Controller Processor Agreement

"I need a Controller Processor Agreement under Singapore law for our cloud service provider who will be processing customer data across multiple APAC jurisdictions, with specific provisions for healthcare data compliance as we operate medical clinics in Singapore."

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What is a Controller Processor Agreement?

The Controller Processor Agreement is essential for organizations operating in Singapore that outsource personal data processing activities. This agreement ensures compliance with the Personal Data Protection Act 2012 (PDPA) and related regulations by clearly defining the roles, responsibilities, and obligations of both controllers and processors. It covers crucial aspects such as data security measures, breach notification procedures, cross-border transfer requirements, and specific compliance obligations under Singapore law. The agreement is particularly important given Singapore's strict data protection regime and significant penalties for non-compliance.

What sections should be included in a Controller Processor Agreement?

1. Parties: Identification and details of the Controller and Processor

2. Background: Context of the data processing relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific PDPA-related definitions

4. Scope and Purpose of Processing: Detailed description of permitted processing activities and purposes

5. Processor Obligations: Core obligations including security measures, confidentiality, and processing limitations

6. Controller Obligations: Responsibilities of the controller including lawful instructions and compliance

7. Data Security: Required security measures and standards

8. Breach Notification: Procedures for handling and reporting data breaches

9. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Controller Processor Agreement?

1. Cross-border Transfers: Provisions governing the transfer of personal data outside Singapore, including compliance with PDPA transfer requirements

2. Sub-processing: Terms and conditions for engaging sub-processors, including approval processes and liability

3. Industry-Specific Compliance: Additional compliance requirements specific to regulated industries such as banking, healthcare, or telecommunications

What schedules should be included in a Controller Processor Agreement?

1. Schedule 1: Processing Activities: Detailed description of authorized processing activities, categories of data subjects and data

2. Schedule 2: Security Measures: Technical and organizational security measures to be implemented

3. Schedule 3: Sub-processors: List of approved sub-processors (if applicable)

4. Schedule 4: Transfer Mechanisms: Details of cross-border transfer mechanisms (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























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Industries

PDPA 2012: Singapore's Personal Data Protection Act 2012 - Primary data protection legislation including 2020 amendments, with specific obligations for data intermediaries (processors)

PDPR 2021: Personal Data Protection Regulations 2021 - Detailed requirements covering cross-border transfers, security requirements, and breach notification obligations

PDPC Advisory Guidelines: Guidelines issued by Personal Data Protection Commission including Key PDPA Concepts, Guide to Data Protection Impact Assessments, and Guide on Data Protection Clauses for Agreements

ASEAN Framework: ASEAN Framework on Personal Data Protection - Regional guidelines for cross-border data transfers within ASEAN

APEC Privacy Framework: Asia-Pacific Economic Cooperation Privacy Framework - Regional privacy guidelines for APEC member economies

GDPR Considerations: European Union's General Data Protection Regulation requirements if EU data subjects are involved, including consideration of Standard Contractual Clauses

MAS Guidelines: Monetary Authority of Singapore Guidelines - Specific requirements for data protection in the banking and financial sector

Healthcare Requirements: Healthcare sector-specific data protection requirements including HIPA compliance

IMDA Requirements: Info-communications Media Development Authority requirements for data protection in the telecommunications sector

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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