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Data Controller DPA

Data Controller DPA Template for Singapore

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Key Requirements PROMPT example:

Data Controller DPA

"I need a Data Controller DPA under Singapore law for our company's engagement with a cloud storage provider who will process customer data, including cross-border transfers to their servers in Australia, with implementation planned for March 2025."

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What is a Data Controller DPA?

The Data Controller DPA is essential when an organization (controller) engages another party (processor) to process personal data on its behalf in Singapore. This agreement is required under the Personal Data Protection Act 2012 (PDPA) to ensure proper data handling, security measures, and compliance with Singapore's data protection regulations. The document outlines specific responsibilities, including data security measures, breach notification procedures, cross-border transfer requirements, and sub-processor arrangements. It's particularly crucial for organizations handling sensitive personal data or engaging in complex data processing activities.

What sections should be included in a Data Controller DPA?

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

2. Background: Context of the data processing relationship

3. Definitions: Key terms used throughout the agreement including definitions from PDPA

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

5. Data Protection Obligations: Core obligations under PDPA and security measures

6. Data Subject Rights: Procedures for handling data subject requests

7. Data Breach Notification: Procedures and timelines for breach reporting

8. Term and Termination: Duration and termination provisions

What sections are optional to include in a Data Controller DPA?

1. Cross-Border Transfers: Required if data will be transferred outside Singapore

2. Sub-processors: Terms for engaging additional processors

3. Audit Rights: Controller's right to audit processor's compliance

What schedules should be included in a Data Controller DPA?

1. Schedule 1: Processing Activities: Detailed list of processing activities, categories of data, and purposes

2. Schedule 2: Security Measures: Technical and organizational security measures

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

4. Schedule 4: Transfer Mechanisms: Details of cross-border transfer arrangements (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
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Industries

PDPA 2012: The Personal Data Protection Act 2012 - Singapore's main privacy law that includes Data Protection Provisions and nine main obligations for handling personal data

PDPA Regulations 2021: Secondary legislation under PDPA providing detailed requirements for personal data protection compliance

Data Breach Regulations 2021: Specific regulations detailing mandatory data breach notification requirements and procedures

PDPC Main Advisory Guidelines: Guidelines on key concepts in the PDPA providing practical guidance on implementing the law

PDPC Selected Topics Guidelines: Specific advisory guidelines covering selected topics in data protection

DPIA Guidelines: Guide to conducting Data Protection Impact Assessments in Singapore

APEC CBPR: APEC Cross-Border Privacy Rules System - regional framework for data protection and transfer

ASEAN Framework: ASEAN Framework on Personal Data Protection - regional guidelines for data protection standards

Data Protection Obligations: Core requirements including consent, purpose limitation, notification, accuracy, protection, retention, transfer, and openness

Cross-border Transfers: Requirements for transferring personal data outside of Singapore

Breach Notifications: Mandatory requirements for notifying authorities and affected individuals of data breaches

Data Subject Rights: Individual rights including access, correction, and data portability

Security Measures: Technical and organizational measures required to protect personal data

Retention Limitations: Requirements for limiting retention of personal data and secure disposal

Accountability Obligations: Requirements for organizations to demonstrate compliance with PDPA obligations

Teams

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