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Intercompany Data Processing Agreement
"I need an Intercompany Data Processing Agreement for our UAE-based parent company that will cover personal data processing activities across our subsidiaries in Dubai, Saudi Arabia, and Singapore, ensuring compliance with UAE Federal Decree Law No. 45 of 2021 and including provisions for cross-border transfers."
1. Parties: Identification of the contracting entities, including their roles as data controller and data processor
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, aligned with UAE data protection laws
4. Scope and Purpose: Details of the data processing activities covered by the agreement
5. Obligations of the Data Controller: Responsibilities and duties of the controller under UAE law
6. Obligations of the Data Processor: Detailed processor obligations including security measures and confidentiality
7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
8. Data Security: Security measures required to protect personal data
9. Data Breach Notification: Procedures for reporting and handling data breaches
10. Audit Rights: Controller's rights to audit processor's compliance
11. Cross-border Data Transfers: Rules and safeguards for international data transfers
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding data handling upon termination
14. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction
1. Sub-processing: Include when the processor may engage sub-processors
2. DIFC Compliance: Include when either party operates within the DIFC
3. Data Protection Officer: Include when either party has appointed a DPO
4. Insurance Requirements: Include when specific insurance coverage is required
5. Business Continuity: Include when processing involves critical data or systems
6. Special Categories of Data: Include when sensitive personal data is processed
7. Joint Controller Provisions: Include when parties act as joint controllers for certain processing
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data and purposes
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling data breaches
6. Appendix A - Contact Details: Key contacts for both parties including emergency contacts
7. Appendix B - Data Processing Register: Template for maintaining records of processing activities
Authors
Financial Services
Healthcare
Technology
Retail
Professional Services
Manufacturing
Telecommunications
Real Estate
Education
Transportation and Logistics
Energy
Media and Entertainment
Hospitality
Legal
Compliance
Information Technology
Information Security
Risk Management
Data Protection
Corporate Governance
Operations
Privacy
Regulatory Affairs
Chief Legal Officer
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Officer
Risk Manager
Corporate Counsel
IT Security Manager
Operations Director
Group Legal Director
Chief Compliance Officer
Data Governance Manager
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