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Personal Data Protection Agreement Template for Philippines

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Key Requirements PROMPT example:

Personal Data Protection Agreement

"I need a Personal Data Protection Agreement for my healthcare technology company based in Manila, which will be processing sensitive medical data and sharing it with our cloud service providers starting January 2025. The agreement needs to be compliant with Philippine healthcare regulations and include strong security measures."

Document background
The Personal Data Protection Agreement serves as a crucial legal framework for organizations operating under Philippine jurisdiction that need to establish clear terms for the processing and protection of personal data. This document is essential when one party (the data controller) engages another party (the data processor) to process personal data on its behalf, or when two parties need to establish mutual obligations regarding data protection. The agreement ensures compliance with the Data Privacy Act of 2012 and its implementing rules, addressing key requirements such as security measures, data subject rights, breach notification procedures, and cross-border data transfers. It is particularly important for businesses engaging in outsourcing, cloud services, or any activities involving the handling of personal information of Philippine residents.
Suggested Sections

1. Parties: Identification of the contracting parties, including their roles as data controller and/or data processor

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used in the agreement, aligned with definitions from the Data Privacy Act

4. Scope and Purpose: Specific purposes for which personal data will be processed and the categories of data subjects

5. Data Protection Principles: Commitment to comply with the fundamental principles of the Data Privacy Act including lawfulness, fairness, and transparency

6. Rights of Data Subjects: Enumeration of data subject rights and procedures for handling data subject requests

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

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

9. Confidentiality: Obligations regarding confidentiality of personal data

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

11. Return or Destruction of Data: Procedures for handling personal data upon termination

12. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

13. Governing Law and Jurisdiction: Specification of Philippine law and jurisdiction

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the Philippines

2. Sub-processing: Include when the data processor may engage sub-processors

3. Special Categories of Data: Required when processing sensitive personal information as defined in the Data Privacy Act

4. Data Protection Impact Assessment: Include for high-risk processing activities

5. Audit Rights: Optional section detailing the controller's right to audit the processor's compliance

6. Insurance Requirements: Include when specific insurance coverage for data protection is required

7. Privacy Impact Assessment: Required for new systems or substantial changes to existing processing

8. Data Protection Officer: Include when appointing specific DPOs or establishing DPO responsibilities

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed

2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures and controls to be implemented

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles

4. Schedule 4 - Data Processing Activities: Detailed description of processing activities and purposes

5. Appendix A - Data Subject Request Procedure: Detailed procedures for handling data subject requests

6. Appendix B - Data Breach Response Plan: Detailed procedures for responding to data breaches

7. Appendix C - Compliance Checklist: Checklist of compliance requirements under Philippine data protection law

8. Appendix D - Contact Details: Contact information for key personnel and Data Protection Officers

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
















































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Relevant Industries

Information Technology

Healthcare

Financial Services

Education

E-commerce

Telecommunications

Business Process Outsourcing

Insurance

Human Resources Services

Digital Marketing

Professional Services

Retail

Banking

Healthcare Technology

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Operations

Procurement

Data Governance

Information Management

Contracts Administration

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Compliance Manager

Legal Counsel

Information Security Manager

IT Director

Chief Information Security Officer

Privacy Manager

Compliance Officer

Risk Manager

Chief Technology Officer

Operations Manager

Project Manager

Procurement Manager

Contract Administrator

Chief Legal Officer

Privacy Analyst

Information Governance Manager

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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