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Subprocessor Agreement

Subprocessor Agreement Template for Australia

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Key Requirements PROMPT example:

Subprocessor Agreement

"I need an Australian Subprocessor Agreement for my software company to engage a cloud storage provider who will handle customer data, including sensitive information, with operations in both Sydney and Singapore."

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Document background
This Subprocessor Agreement is essential when an organization (processor) engaged by a data controller intends to delegate some or all of its data processing activities to another entity (subprocessor). The agreement is specifically designed for use in Australia, ensuring compliance with the Privacy Act 1988 (Cth) and Australian Privacy Principles. It outlines detailed requirements for data handling, security measures, breach notifications, and cross-border transfers. The document becomes necessary when establishing chain processing relationships and is particularly important for organizations handling sensitive personal data or operating in regulated industries. It includes specific provisions for Australian privacy law compliance, audit rights, data breach reporting, and data deletion/return procedures.
Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Explains the context of the agreement and the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the subprocessor's appointment and scope of authorized processing activities

5. Data Protection Obligations: Specific obligations regarding data protection, security measures, and compliance with privacy laws

6. Technical and Organizational Measures: Required security measures and standards for data processing

7. Confidentiality: Confidentiality obligations regarding processed data and business information

8. Audit Rights: Provisions for conducting audits and inspections of subprocessor's operations

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

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

11. Term and Termination: Duration of agreement and termination provisions

12. Return or Deletion of Data: Requirements for data handling upon agreement termination

13. General Provisions: Standard contractual provisions including governing law, jurisdiction, and amendments

Optional Sections

1. Cross-Border Data Transfers: Required when data will be transferred outside Australia, addressing compliance with APP 8.1

2. Subprocessor Personnel: Specific requirements for personnel handling data, including training and confidentiality agreements

3. Insurance Requirements: Specific insurance obligations for the subprocessor

4. Business Continuity: Business continuity and disaster recovery requirements, needed for critical processing activities

5. Service Levels: Specific performance metrics and service levels, if applicable to the processing activities

6. Charges and Payment: Payment terms and conditions if not covered in a separate commercial agreement

Suggested Schedules

1. Description of Processing Activities: Detailed description of authorized processing activities, categories of data subjects and personal data

2. Technical and Security Measures: Detailed specifications of required security measures and controls

3. Approved Subprocessors: List of any approved sub-subprocessors and their processing activities

4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Service Level Agreement: Detailed service levels and performance metrics, if applicable

6. Contact Details and Escalation Procedures: Key contacts and procedures for operational matters and emergencies

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

Technology and Software

Financial Services

Healthcare

Education

Retail and E-commerce

Professional Services

Telecommunications

Government and Public Sector

Insurance

Manufacturing

Research and Development

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Procurement

Risk Management

Operations

Vendor Management

Data Governance

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

IT Director

Chief Information Security Officer

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Chief Technology Officer

Privacy Analyst

Vendor 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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