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Third Party Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Third Party Data Sharing Agreement

"I need a Third Party Data Sharing Agreement for my healthcare tech company based in Manila to share patient data with our cloud service provider, ensuring compliance with Philippine healthcare regulations and including specific provisions for handling sensitive medical information."

Document background
The Third Party Data Sharing Agreement is essential for organizations operating in the Philippines that need to share personal or sensitive personal information with third parties while maintaining compliance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations. This document becomes necessary when an organization (the data controller) needs to share personal data with another entity for specific, documented purposes such as service provision, research, or business operations. The agreement must address mandatory requirements set by the National Privacy Commission, including purpose specification, security measures, data subject rights, and breach notification procedures. It's particularly crucial given the strict penalties for non-compliance with Philippine data protection laws and the increasing focus on data privacy in business operations.
Suggested Sections

1. Parties: Identification of the data controller/provider and the third party recipient, including their registered addresses and authorized representatives

2. Background: Context of the data sharing arrangement, relationship between the parties, and purpose of the agreement

3. Definitions: Detailed definitions of key terms used in the agreement, including types of data, processing activities, and technical terms

4. Purpose and Scope: Specific purposes for which data will be shared and processed, including limitations on use

5. Data Protection Obligations: Core obligations regarding data protection, security measures, and compliance with the Data Privacy Act

6. Data Transfer Mechanisms: Methods and procedures for transferring data between parties, including security protocols

7. Confidentiality: Obligations to maintain confidentiality of shared data and any business information

8. Security Measures: Required technical and organizational security measures for data protection

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under the DPA

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

11. Audit Rights: Rights and procedures for conducting compliance audits

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

13. Term and Termination: Duration of the agreement, renewal terms, and termination rights

14. Post-Termination Obligations: Obligations that survive termination, including data deletion or return

15. General Provisions: Standard contractual provisions including governing law, dispute resolution, and amendments

Optional Sections

1. Cross-Border Transfer Provisions: Required when data will be transferred outside the Philippines, including additional safeguards and compliance requirements

2. Subprocessing: Include when the third party may engage subprocessors to handle the shared data

3. Industry-Specific Compliance: Additional provisions for specific regulated industries (e.g., healthcare, banking)

4. Data Monetization Rights: Include when there are provisions for commercial use or monetization of anonymized data

5. Business Continuity: Detailed continuity and disaster recovery requirements for critical data sharing arrangements

6. Insurance Requirements: Specific insurance obligations for high-risk data sharing activities

7. Service Levels: Include when specific performance metrics and standards are required for data sharing activities

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of data categories to be shared, including personal and sensitive personal information

2. Schedule 2 - Technical and Security Requirements: Detailed technical specifications for data transfer, storage, and security measures

3. Schedule 3 - Data Processing Activities: Detailed description of permitted processing activities and purposes

4. Schedule 4 - Contact Details and Escalation Protocol: Key contacts and escalation procedures for operational and emergency situations

5. Schedule 5 - Service Levels and Metrics: Detailed service levels and performance metrics if applicable

6. Appendix A - Data Transfer Procedures: Step-by-step procedures for secure data transfer

7. Appendix B - Security Incident Response Plan: Detailed procedures for handling and reporting security incidents and data breaches

8. Appendix C - Compliance Checklist: Checklist of compliance requirements under Philippine data protection laws

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

Financial Services

Healthcare

Technology

E-commerce

Education

Insurance

Telecommunications

Business Process Outsourcing

Real Estate

Professional Services

Manufacturing

Retail

Transportation and Logistics

Government and Public Sector

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Protection

Risk Management

Operations

Privacy

Data Governance

Procurement

Business Development

Contract Management

Regulatory Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Security Officer

IT Director

Chief Technology Officer

Operations Manager

Project Manager

Business Development Manager

Contract Manager

Privacy Analyst

Data Governance Manager

Chief Operations Officer

Chief Legal Officer

Information Management 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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