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DPA Data Protection Agreement Template for Philippines

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Key Requirements PROMPT example:

DPA Data Protection Agreement

"I need a DPA Data Protection Agreement for our Philippines-based healthcare company that will be outsourcing patient data processing to a cloud service provider starting March 2025, with specific provisions for handling sensitive medical information and compliance with healthcare regulations."

Document background
The DPA Data Protection Agreement is a crucial legal instrument used when an organization (data controller) engages another party (data processor) to process personal data on its behalf in the Philippines. This document is essential for compliance with the Data Privacy Act of 2012 and its implementing rules, which require formal agreements for data processing activities. The agreement becomes necessary when outsourcing data processing activities, using cloud services, or engaging third-party vendors who will have access to personal data. It outlines specific responsibilities, security measures, confidentiality obligations, and compliance requirements, ensuring both parties understand their roles and obligations under Philippine privacy laws. This document is particularly important given the strict enforcement regime of the National Privacy Commission and the potential penalties for non-compliance with data protection requirements.
Suggested Sections

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

2. Background: Context of the agreement, relationship between the parties, and purpose of data processing activities

3. Definitions: Definitions of key terms used in the agreement, aligned with the Data Privacy Act of 2012 definitions

4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement

5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures

6. Obligations of the Data Controller: Responsibilities of the controller including lawful basis for processing and providing clear instructions

7. Security Measures: Technical and organizational measures required to protect personal data

8. Data Breach Notification: Procedures for reporting and handling personal data breaches

9. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

10. Liability and Indemnification: Allocation of responsibility for data protection violations and indemnification provisions

11. Term and Termination: Duration of the agreement and conditions for termination

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

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside the Philippines, specifying compliance with cross-border transfer requirements

2. Sub-processors: Include when the data processor may engage sub-processors, specifying requirements for approval and obligations

3. Industry-Specific Requirements: Additional provisions for specific sectors like healthcare, banking, or telecommunications

4. Data Protection Impact Assessment: Include when processing activities require DPIA under Philippine law

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

6. Force Majeure: Provisions for handling data protection obligations during extraordinary circumstances

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

3. Schedule 3 - Authorized Sub-processors: List of approved 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. Schedule 5 - Contact Points: List of key contacts for data protection matters, including Data Protection Officers

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

7. Appendix B - Audit Requirements: Specific procedures and requirements for compliance audits

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

Relevant legal definitions







































Clauses





























Relevant Industries

Technology

Healthcare

Financial Services

Education

Retail

Telecommunications

Business Process Outsourcing

E-commerce

Insurance

Government Services

Manufacturing

Professional Services

Real Estate

Transportation

Hospitality

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Privacy

Vendor Management

Data Governance

Corporate Affairs

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Chief Legal Officer

Chief Compliance Officer

Privacy Manager

Information Governance Manager

Vendor Management Officer

Chief Technology Officer

Chief Operations Officer

Industries







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

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