Controller To Controller DPA

Controller To Controller DPA Template for Australia

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Key Requirements PROMPT example:

"I need a Controller to Controller DPA for a financial services company sharing customer data with a marketing analytics provider in Australia, with specific provisions for handling sensitive financial information and compliance with APRA requirements, to be implemented by March 2025."

Document background

The Controller to Controller DPA is essential when two organizations, both acting as data controllers under Australian privacy law, need to share personal information as part of their business operations. This document is particularly relevant when both parties independently determine how and why they process personal data, and need to establish clear guidelines for data protection, security measures, and compliance with Australian privacy regulations. The agreement addresses requirements under the Privacy Act 1988, including the Australian Privacy Principles (APPs), and the Notifiable Data Breaches scheme. It's commonly used in business partnerships, joint ventures, or any scenario where organizations need to share personal data while maintaining independent control over their respective processing activities. The document includes comprehensive provisions for data security, breach notification, data subject rights, and cross-border data transfers where applicable.

Suggested Sections

1. Parties: Identification of the two data controllers entering into the agreement

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

3. Definitions: Key terms used throughout the agreement, including specific Australian privacy law terminology

4. Scope and Purpose: Details of the data sharing activities and legitimate purposes for processing

5. Roles and Responsibilities: Clarification of each party's role as an independent controller and their respective obligations

6. Compliance with Privacy Laws: Commitments to comply with the Privacy Act 1988 and Australian Privacy Principles

7. Data Security Measures: Required security standards and measures to protect personal information

8. Data Breach Notification: Procedures for handling and reporting data breaches under the NDB scheme

9. Data Subject Rights: Procedures for handling data subject requests and ensuring privacy rights

10. Confidentiality: Obligations regarding confidentiality of shared data and business information

11. Liability and Indemnities: Allocation of responsibility and liability between the controllers

12. Term and Termination: Duration of the agreement and circumstances for termination

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-Border Data Transfers: Required when personal information will be transferred outside Australia

2. Special Categories of Data: Additional provisions for handling sensitive information as defined in the Privacy Act

3. Sub-processing: Provisions for engaging third-party processors, if applicable

4. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

5. Data Protection Impact Assessment: Procedures for conducting DPIAs when required

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Audit Rights: Provisions for conducting compliance audits between parties

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of personal information types being shared

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by both parties

3. Schedule 3 - Data Processing Activities: Detailed description of processing activities and purposes

4. Schedule 4 - Contact Points: Key contacts for operational, security, and privacy matters

5. Schedule 5 - Service Levels: Performance metrics and response times for various obligations

6. Appendix A - Data Breach Response Plan: Detailed procedures for managing and reporting data breaches

7. Appendix B - Privacy Impact Assessment Template: Standard template for assessing privacy risks in new processing activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Clauses

Relevant Industries

Financial Services

Healthcare

Technology

Insurance

Telecommunications

Professional Services

Education

Retail

Government

Consulting

Real Estate

Marketing and Advertising

Relevant Teams

Legal

Compliance

Privacy

Information Security

Risk Management

Data Governance

Information Technology

Corporate Affairs

Operations

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

Risk Manager

Chief Information Security Officer

Data Governance Manager

Privacy Analyst

Compliance Manager

Chief Legal Officer

Chief Technology Officer

Information Management Officer

Privacy Counsel

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