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Data Controller To Data Controller Agreement

Data Controller To Data Controller Agreement for Singapore

Data Controller To Data Controller Agreement Template for Singapore

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Data Controller To Data Controller Agreement

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What is a Data Controller To Data Controller Agreement?

This Data Controller to Data Controller Agreement is designed for situations where two organizations need to share personal data while maintaining independent control over their respective data processing activities. The agreement is specifically structured to comply with Singapore's data protection laws, particularly the PDPA, and provides a comprehensive framework for lawful data sharing. It is essential when organizations need to establish clear boundaries of responsibility, implement appropriate security measures, and ensure compliance with Singapore's data protection requirements. The agreement covers crucial elements including data transfer mechanisms, breach notification procedures, and respective obligations of both controllers.

What sections should be included in a Data Controller To Data Controller Agreement?

1. Parties: Identification of the data controllers and their registered details

2. Background: Context of the data sharing arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement including types of data, processing activities, and regulatory references

4. Scope of Data Sharing: Details of what personal data will be shared and for what purposes

5. Obligations of the Parties: Respective responsibilities of each controller regarding data protection

6. Security Measures: Technical and organizational measures required to protect the data

7. Data Breach Procedures: Protocol for handling and reporting data breaches

8. Term and Termination: Duration of the agreement and termination provisions

What sections are optional to include in a Data Controller To Data Controller Agreement?

1. Cross-Border Transfers: Requirements and compliance obligations for international data transfers when data will be transferred outside Singapore

2. Industry-Specific Compliance: Additional requirements for specific regulated sectors such as financial services, healthcare, or telecommunications

3. Sub-processing: Rules and requirements for engaging third-party processors when either party may need to use sub-processors

What schedules should be included in a Data Controller To Data Controller Agreement?

1. Schedule 1: Categories of Personal Data: Detailed list of personal data types being shared

2. Schedule 2: Technical and Security Measures: Detailed security requirements and standards

3. Schedule 3: Data Transfer Mechanisms: Details of transfer methods and safeguards

4. Appendix A: Contact Points: Key contacts for operational and emergency matters

5. Appendix B: Data Breach Response Plan: Detailed procedures for handling data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ ΊμΠΣΦ±²₯ | 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: Singapore's primary data protection legislation that governs the collection, use, disclosure, and care of personal data

Personal Data Protection Regulations 2021: Regulations providing specific requirements for overseas data transfer and data breach notification procedures

PDPC Advisory Guidelines: Official guidelines covering key PDPA concepts, data protection provisions, transfer limitation obligations, and data breach notification requirements

Industry-Specific Regulations: Sector-specific regulations such as Banking Act, MAS Guidelines, healthcare regulations, and telecoms regulations that may apply depending on the industry context

GDPR Compliance: European Union's General Data Protection Regulation considerations if EU data subjects are involved in the data processing

APEC CBPR: APEC Cross-Border Privacy Rules System framework for consistent privacy protection across APEC member economies

ASEAN Framework: ASEAN Framework on Personal Data Protection providing regional principles for data protection

Scope of Data Sharing: Agreement section defining the types of data being shared and purposes of processing

Respective Responsibilities: Agreement section outlining the specific obligations and duties of each data controller

Security Measures: Agreement section specifying the technical and organizational measures required to protect personal data

Data Breach Procedures: Agreement section detailing the protocols for handling and reporting data breaches

Cross-border Transfer Mechanisms: Agreement section describing the legal mechanisms for international data transfers

Data Subject Rights: Agreement section addressing how to handle data subject requests and rights

Liability and Indemnification: Agreement section defining the allocation of risk and responsibility between parties

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, Β Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, Β Severance Pay, Governing Law, Entire Agreemen

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