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Data Protection Addendum
"I need a Data Protection Addendum for my Philippines-based software company that will be processing customer data across APEC countries starting January 2025, with particular emphasis on cross-border data transfers and sub-processor arrangements."
1. Parties: Identification of the data controller and data processor, including their registered addresses and representatives
2. Background: Context of the existing relationship between parties and purpose of this addendum
3. Definitions: Key terms used in the addendum, aligned with definitions from the Data Privacy Act of 2012
4. Scope and Purpose of Data Processing: Detailed description of the personal data to be processed and the specific purposes for processing
5. Obligations of the Data Processor: Core responsibilities including processing limitations, confidentiality, security measures, and compliance with instructions
6. Obligations of the Data Controller: Responsibilities including lawful basis for processing, accuracy of data, and providing clear instructions
7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Philippine law
8. Data Security Measures: Technical and organizational security measures required under Philippine law
9. Data Breach Notification: Procedures and timeframes for reporting data breaches as per NPC requirements
10. Audit Rights: Controller's right to audit processor's compliance and processor's obligation to demonstrate compliance
11. Term and Termination: Duration of the addendum and circumstances for termination
12. Return or Deletion of Data: Obligations regarding personal data upon termination of services
13. Governing Law and Jurisdiction: Confirmation of Philippine law application and jurisdiction
1. Cross-border Data Transfers: Required when personal data will be transferred outside the Philippines, including compliance with APEC CBPR requirements
2. Sub-processors: Include when the processor may engage sub-processors, detailing approval requirements and flow-down obligations
3. Data Protection Impact Assessment: Required for high-risk processing activities as defined by the NPC
4. Special Categories of Personal Data: Include when sensitive personal information as defined in the Data Privacy Act will be processed
5. Government Data Access Requests: Include when there's likelihood of government or law enforcement data access requests
6. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required
7. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical to the data processing
1. Schedule 1 - Details of Processing: Detailed information about the categories of data subjects, types of personal data, and processing activities
2. Schedule 2 - Technical and Organizational Security Measures: Specific security controls and measures implemented to protect personal data
3. Schedule 3 - Approved Sub-processors: List of authorized sub-processors and their processing activities, if applicable
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable
5. Appendix A - Data Breach Response Plan: Detailed procedures for identifying, reporting, and managing data breaches
6. Appendix B - Compliance Checklist: Checklist of compliance requirements under Philippine data protection law
7. Appendix C - Data Subject Request Procedures: Detailed procedures for handling various types of data subject requests
Authors
Technology and Software
Healthcare
Financial Services
Education
Retail and E-commerce
Business Process Outsourcing
Professional Services
Manufacturing
Telecommunications
Insurance
Real Estate
Transportation and Logistics
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Operations
Procurement
Data Protection
Information Governance
Contract Management
Corporate Affairs
Technology
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Chief Compliance Officer
Privacy Manager
Legal Counsel
IT Director
Compliance Manager
Risk Manager
Information Security Manager
Operations Director
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Operating Officer
Data Protection Specialist
Privacy Analyst
Information Governance Manager
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