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Personal Information Processing Agreement Template for Australia

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Key Requirements PROMPT example:

Personal Information Processing Agreement

"I need a Personal Information Processing Agreement for my healthcare technology startup based in Sydney, which will be processing patient data through our cloud-based platform, with the agreement needed by March 2025 to cover both domestic and international data transfers."

Document background
The Personal Information Processing Agreement is essential for organizations operating in Australia that outsource the processing of personal information to third parties. This agreement is designed to comply with the Australian Privacy Act 1988, the Australian Privacy Principles (APPs), and the Notifiable Data Breaches scheme. It is particularly crucial when engaging service providers who will have access to, store, or process personal information on behalf of another organization. The document covers critical aspects such as data security requirements, breach notification obligations, cross-border transfer restrictions, and sub-processing arrangements. It should be used whenever an organization (the data controller) engages another party (the data processor) to perform any operation on personal information, from storage and hosting to analysis and deletion.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered details and primary contacts

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

3. Definitions: Definitions of key terms aligned with the Privacy Act 1988 and APPs, including 'personal information', 'sensitive information', 'processing', etc.

4. Scope and Purpose of Processing: Detailed description of the authorized processing activities, types of personal information, and processing purposes

5. Obligations of the Data Controller: Responsibilities of the data controller including providing lawful instructions, obtaining consents, and ensuring legal basis for processing

6. Obligations of the Data Processor: Core responsibilities including processing only on documented instructions, maintaining confidentiality, implementing security measures, and breach notification procedures

7. Data Security: Required security measures, standards, and protocols for protecting personal information

8. Sub-processing: Conditions and requirements for engaging sub-processors, including approval processes

9. Data Breach Notification: Procedures and timeframes for reporting data breaches in accordance with the Notifiable Data Breaches scheme

10. Cross-border Data Transfers: Rules and safeguards for transferring personal information outside Australia

11. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Return or Destruction of Data: Obligations regarding personal information upon termination of services

14. General Provisions: Standard contractual provisions including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Industry-Specific Compliance: Additional requirements for specific sectors like healthcare or financial services

2. Data Protection Impact Assessment: Requirements and procedures for conducting DPIAs when processing high-risk personal information

3. Direct Marketing Provisions: Specific requirements when personal information is used for direct marketing purposes, incorporating Spam Act compliance

4. Insurance Requirements: Specific insurance obligations for data protection and cyber liability

5. Disaster Recovery: Detailed disaster recovery and business continuity requirements

6. Privacy by Design: Requirements for implementing privacy by design principles in processing activities

7. Joint Controller Provisions: Additional provisions when both parties act as joint controllers of personal information

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects, and types of personal information

2. Schedule 2 - Security Measures: Technical and organizational security measures to be implemented

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

4. Schedule 4 - Transfer Mechanisms: Detailed mechanisms for cross-border transfers including standard contractual clauses

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches

6. Schedule 6 - Service Levels: Service levels and KPIs for processing activities and security measures

7. Appendix A - Contact Details: Key contacts for both parties including privacy officers and technical contacts

8. Appendix B - Data Retention Schedule: Retention periods for different categories of personal information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Healthcare

Financial Services

Technology

E-commerce

Education

Professional Services

Insurance

Telecommunications

Government

Retail

Marketing and Advertising

Human Resources

Real Estate

Non-profit Organizations

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Operations

Procurement

Vendor Management

Data Governance

Business Development

Contract Management

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Privacy Manager

Chief Information Security Officer

IT Security Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Project Manager

Procurement Manager

Vendor Management Officer

Information Management Officer

Privacy Analyst

Data Governance Manager

Chief Technology Officer

Business Development Manager

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

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