The Joint Data Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Singapore. This agreement ensures compliance with the Personal Data Protection Act 2012 and related regulations while clearly defining each party's obligations and responsibilities. It addresses key aspects such as data protection measures, breach notification procedures, data subject rights management, and liability allocation between controllers. This document is particularly crucial for organizations engaging in collaborative data processing activities where both parties have significant control over how personal data is handled.
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1. Parties: Identification and details of the joint data controllers
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement, including PDPA-specific terminology
4. Scope and Purpose: Define the scope of joint processing activities and purposes of data processing
5. Roles and Responsibilities: Detailed allocation of responsibilities between controllers under PDPA requirements
6. Data Protection Obligations: Joint compliance requirements under PDPA including collection, use, disclosure, and retention
7. Security Measures: Technical and organizational measures required for data protection
8. Data Breach Procedures: Protocol for handling and reporting data breaches under Singapore law
9. Data Subject Rights: Procedures for handling data subject access requests and other rights
10. Term and Termination: Duration of the agreement and termination provisions
11. General Provisions: Standard contractual terms including governing law, jurisdiction, and dispute resolution
1. Cross-border Transfers: Rules for international data transfers - required when data will be transferred outside Singapore
2. Industry-Specific Requirements: Additional requirements for specific sectors like healthcare or finance - include when parties operate in regulated industries
3. Sub-processing: Rules for engaging data processors - include when third-party processors will be involved
4. Data Protection Impact Assessment: Requirements for conducting DPIAs - include for high-risk processing activities
1. Schedule 1: Categories of Personal Data: Detailed list of personal data types being processed jointly
2. Schedule 2: Technical and Organizational Measures: Detailed security measures implemented by both parties
3. Schedule 3: Data Processing Activities: Detailed description of joint processing activities and purposes
4. Schedule 4: Contact Points: Key contacts for operational matters, data protection officers, and emergency situations
5. Appendix A: Data Breach Response Plan: Detailed procedures and timeline for handling data breaches
6. Appendix B: Data Subject Rights Procedure: Detailed procedures for handling various types of data subject requests
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