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Third Party Data Processing Agreement

Third Party Data Processing Agreement Template for Canada

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Key Requirements PROMPT example:

Third Party Data Processing Agreement

"I need a Third Party Data Processing Agreement for my healthcare software company based in Ontario, which will be processing patient data through a cloud service provider, with the agreement to commence in March 2025 and include specific PHIPA compliance provisions."

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Document background
The Third Party Data Processing Agreement is essential for organizations operating in Canada that outsource the processing of personal information to external service providers. This agreement is required to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial privacy laws, which mandate that organizations remain accountable for personal information transferred to third parties for processing. The document outlines specific obligations regarding data security, confidentiality, breach notification, and data subject rights. It becomes particularly crucial when organizations engage cloud service providers, marketing agencies, payment processors, or any other third parties that handle personal information on their behalf. The agreement must address both federal and provincial requirements, cross-border data transfers if applicable, and include specific provisions for breach notification and security measures.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including full legal names and addresses

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Personal Information', 'Processing', 'Data Subject', etc.

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their specific purposes

5. Duration: Term of the agreement and conditions for termination

6. Nature and Purpose of Processing: Specific details about how and why the data will be processed

7. Types of Personal Information: Categories of personal information to be processed

8. Data Subject Rights: Processor's obligations to assist with data subject requests

9. Confidentiality: Confidentiality obligations regarding processed data

10. Security Measures: Technical and organizational security measures required

11. Sub-processing: Conditions and requirements for engaging sub-processors

12. Data Breach Notification: Procedures and timelines for reporting data breaches

13. Audit Rights: Controller's rights to audit the processor's compliance

14. Data Return and Deletion: Obligations regarding data handling upon agreement termination

15. Governing Law and Jurisdiction: Specification of Canadian law and jurisdiction

Optional Sections

1. Cross-border Data Transfers: Required when personal information will be transferred outside of Canada

2. Specific Provincial Requirements: Include when operations fall under specific provincial privacy laws

3. Industry-Specific Compliance: Add for regulated industries like healthcare or financial services

4. Insurance Requirements: Specific insurance obligations for high-risk processing activities

5. Business Continuity: Requirements for ensuring continuous service in emergency situations

6. Force Majeure: Provisions for handling unforeseen circumstances

7. Alternative Dispute Resolution: Specific procedures for resolving disputes before litigation

Suggested Schedules

1. Schedule A - Processing Activities: Detailed list of all processing activities, including purposes, categories of data, and processing operations

2. Schedule B - Security Measures: Comprehensive description of technical and organizational security measures

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

4. Schedule D - Data Transfer Mechanisms: Details of mechanisms used for any international data transfers

5. Schedule E - Service Levels: Performance metrics and service level requirements

6. Appendix 1 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix 2 - Compliance Checklist: Checklist of compliance requirements and regular auditing procedures

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






























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Relevant Industries

Technology and Software

Healthcare

Financial Services

E-commerce

Telecommunications

Professional Services

Cloud Computing

Marketing and Advertising

Education

Insurance

Retail

Manufacturing

Research and Development

Consulting

Legal Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Procurement

Vendor Management

Risk Management

Data Governance

Operations

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

IT Director

Chief Information Officer

Chief Technology Officer

Procurement Manager

Vendor Relations Manager

Risk Manager

Chief Operating Officer

Privacy Analyst

Data Governance 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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