������Ƶ

The Personal Information Processing Agreement is a crucial document required under Philippine data protection law whenever an organization (data controller) engages another party (data processor) to process personal information on its behalf. This agreement ensures compliance with the Data Privacy Act of 2012 (RA 10173) and its implementing rules, establishing clear guidelines for data handling, security measures, and respective responsibilities. It becomes necessary when outsourcing data processing activities, using cloud services, or engaging third-party vendors who will have access to personal data. The agreement includes mandatory provisions required by Philippine law, such as data breach notification procedures, cross-border transfer requirements, and mechanisms for protecting data subject rights. It serves as a vital tool for demonstrating compliance with Philippine privacy regulations and establishing accountability in data processing relationships.

1. Parties: Identification of the Data Controller and Data Processor, including their legal representatives

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 of Processing: Detailed description of the personal data processing activities and their legitimate purposes

5. Obligations of the Data Processor: Comprehensive list of processor's duties including security measures, confidentiality, and compliance requirements

6. Rights and Obligations of the Data Controller: Controller's responsibilities, including instructions for processing and monitoring rights

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under the Data Privacy Act

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

9. Confidentiality: Confidentiality obligations and restrictions on data disclosure

10. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

11. Audit Rights: Controller's right to audit and processor's obligation to demonstrate compliance

12. Sub-processing: Conditions and requirements for engaging sub-processors

13. Cross-border Data Transfers: Rules and safeguards for international data transfers

14. Term and Termination: Duration of the agreement and termination provisions

15. Return or Deletion of Data: Obligations regarding personal data upon contract termination

16. Liability and Indemnification: Allocation of liability and indemnification obligations

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