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DPA Addendum

DPA Addendum Template for Hong Kong

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Key Requirements PROMPT example:

DPA Addendum

I need a DPA Addendum under Hong Kong law for my SaaS company that will serve as our standard template for all cloud service providers who process our customer data, with particular emphasis on cross-border data transfers to our vendors in Singapore and Japan.

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Document background
The Data Processing Addendum (DPA Addendum) is a critical document required whenever a company (data controller) engages another party (data processor) to process personal data on its behalf under Hong Kong jurisdiction. This document supplements the main service agreement and ensures compliance with the Personal Data (Privacy) Ordinance (PDPO) and related regulations. The DPA Addendum becomes particularly important in the context of Hong Kong's stringent data protection requirements and its position as an international business center, where cross-border data transfers are common. It details specific obligations regarding data security, confidentiality, breach notification, audit rights, and data subject rights, while also addressing unique aspects of Hong Kong's data protection framework. This document is essential for businesses operating in or from Hong Kong that handle personal data through third-party service providers.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and company details

2. Background: Context of the relationship between parties and purpose of the DPA, referencing the main agreement it supplements

3. Definitions: Key terms used in the agreement, aligned with PDPO definitions and international data protection terminology

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their specific purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with PDPO

6. Instructions and Authority: Processor's obligation to act only on documented instructions from the controller

7. Security of Processing: Required technical and organizational measures to ensure data security

8. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

9. Personal Data Breach: Breach notification requirements and response procedures

10. Audit Rights: Controller's rights to audit processor's compliance and documentation requirements

11. Term and Termination: Duration of the DPA and circumstances for termination

12. Return or Deletion of Data: Obligations regarding personal data upon termination of services

Optional Sections

1. Cross-border Data Transfers: Requirements for transferring data outside Hong Kong, including necessary safeguards and approvals

2. Sub-processors: Terms governing the appointment and oversight of sub-processors, if permitted

3. Insurance Requirements: Specific insurance obligations for data processing activities

4. Compensation and Liability: Detailed provisions on liability allocation and indemnification

5. Business Continuity: Requirements for maintaining business continuity and disaster recovery plans

6. Industry-Specific Requirements: Additional requirements for specific industries (e.g., healthcare, financial services)

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects and personal data

2. Schedule 2 - Security Measures: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers

5. Schedule 5 - Data Retention Requirements: Specific retention periods and requirements for different data categories

6. Appendix A - Contact Details: Contact information for key personnel and data protection officers

7. Appendix B - PDPO Compliance Checklist: Checklist ensuring compliance with Hong Kong PDPO requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

































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Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Professional Services

Education

Insurance

Telecommunications

Manufacturing

Retail

Logistics

Consulting

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Privacy

Procurement

Vendor Management

Operations

Information Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Compliance Manager

IT Security Manager

Legal Counsel

Risk Manager

Operations Director

Procurement Manager

Vendor Management Officer

Information Governance Manager

Chief Technology Officer

Chief Legal Officer

Industries





Teams

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