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Joint Data Controller Agreement

Joint Data Controller Agreement Template for Australia

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Key Requirements PROMPT example:

Joint Data Controller Agreement

"I need a Joint Data Controller Agreement for a partnership between our medical research facility and a healthcare provider in Sydney, with specific provisions for handling sensitive health data and ensuring compliance with both healthcare regulations and privacy laws, to be implemented by March 2025."

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Document background
The Joint Data Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Australia. This document is required to comply with the Privacy Act 1988 and Australian Privacy Principles, particularly when organizations share data processing responsibilities and need to establish clear protocols for data handling, security, and compliance. The agreement becomes necessary in scenarios such as joint ventures, partnerships, or collaborative projects where multiple entities process personal data together. It addresses critical aspects including but not limited to data protection compliance, security measures, breach notification procedures, liability allocation, and data subject rights management. The document should be implemented before commencing joint processing activities and updated as regulatory requirements or processing activities change.
Suggested Sections

1. Parties: Identification of all joint data controllers who are party to the agreement

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology

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

5. Roles and Responsibilities: Specific duties and obligations of each controller in relation to the joint processing activities

6. Data Protection Compliance: Commitments to comply with Privacy Act 1988, APPs, and other relevant legislation

7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under privacy laws

8. Security Measures: Required technical and organizational security measures to protect personal data

9. Data Breach Notification: Procedures for identifying, reporting, and managing data breaches

10. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions

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

12. General Provisions: Standard legal clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Australia

2. Direct Marketing: Include when joint processing involves marketing activities

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

4. Data Protection Impact Assessment: Include when high-risk processing activities require prior assessment

5. Sub-processing: Include when either controller may engage sub-processors

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

7. Audit Rights: Include when parties require mutual audit rights for compliance verification

Suggested Schedules

1. Schedule 1 - Description of Processing Activities: Detailed description of data processing activities, categories of data, and purposes

2. Schedule 2 - Technical and Organizational Security Measures: Specific security requirements and standards to be maintained by both parties

3. Schedule 3 - Data Subject Request Procedure: Detailed procedures for handling access requests and other data subject rights

4. Schedule 4 - Data Breach Response Plan: Detailed procedures for responding to and managing data breaches

5. Schedule 5 - Contact Details and Authorized Personnel: Key contacts and authorized personnel for various aspects of the agreement

6. Appendix A - Data Flow Diagram: Visual representation of how data flows between the joint controllers

7. Appendix B - Privacy Notice Template: Template for privacy notices to be provided to data subjects

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































Clauses






























Relevant Industries

Financial Services

Healthcare

Technology

Education

Retail

Professional Services

Insurance

Telecommunications

Research and Development

Government and Public Sector

Marketing and Advertising

Real Estate

Manufacturing

Logistics and Supply Chain

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Risk Management

Data Protection

Operations

Privacy

Data Governance

Enterprise Architecture

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Technology Director

Risk Manager

Chief Technology Officer

Operations Manager

Project Manager

Information Security Manager

Privacy Manager

Data Governance Manager

Chief Legal Officer

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

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