The Data Sharing Agreement Controller To Processor is essential when an organization (Controller) needs to share personal data with a service provider (Processor) for processing purposes. This agreement is particularly important in the United States where various federal and state privacy laws create a complex compliance landscape. It addresses key requirements including security measures, data breach notifications, and compliance with state-specific regulations like CCPA. The agreement helps organizations maintain regulatory compliance while ensuring appropriate data protection measures are in place. It's particularly relevant when engaging third-party service providers for data processing activities such as cloud storage, analytics, or customer service operations.
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1. Parties: Identification of the Data Controller and Data Processor, including full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject', etc.
4. Scope and Purpose: Details of what data will be shared and processed, and for what purposes
5. Obligations of the Processor: Core responsibilities of the Processor including security measures, confidentiality, and processing limitations
6. Instructions and Authority: Parameters within which the Processor may process the data
7. Security Measures: Technical and organizational measures required to protect the data
8. Breach Notification: Procedures for handling and reporting data breaches
9. Term and Termination: Duration of agreement and termination provisions
1. International Transfers: Requirements and safeguards for transferring data across borders, applicable when data may be transferred outside the US
2. Subprocessing: Terms and conditions for engaging additional processors, including approval processes and liability
3. Industry-Specific Compliance: Additional requirements for specific regulated sectors such as healthcare (HIPAA) or financial services (GLBA)
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including types of data, purposes, and duration
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures
3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors, if any
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for data processing activities
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