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Joint Data Controller Agreement Template for England and Wales

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Key Requirements PROMPT example:

Joint Data Controller Agreement

"I need a Joint Data Controller Agreement for my healthcare tech company partnering with a hospital trust to process patient data, with specific emphasis on handling sensitive medical information and strict security protocols, to be implemented by March 2025."

Document background
Joint Data Controller Agreements are essential when two or more organizations collaboratively determine how personal data will be processed. This agreement type, governed by English and Welsh law, is required under Article 26 of the UK GDPR when multiple parties act as joint controllers. The document outlines shared responsibilities, establishes clear protocols for data protection compliance, and ensures transparent allocation of duties between the parties. It becomes particularly critical when organizations share data processing activities, conduct joint ventures, or operate shared services where both parties have decision-making power over data processing purposes and means.
Suggested Sections

1. Parties: Identification and details of the joint controllers entering into the agreement

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

3. Definitions: Key terms used throughout the agreement, including relevant GDPR and DPA 2018 terminology

4. Scope and Purpose: Detail of the joint processing activities covered by the agreement

5. Roles and Responsibilities: Specific obligations of each controller regarding data processing activities

6. Data Subject Rights: How the parties will handle and coordinate responses to data subject requests

7. Security Measures: Technical and organizational measures for data protection

8. Breach Notification: Procedures for handling and reporting data breaches

9. Term and Termination: Duration of the agreement and termination provisions

Optional Sections

1. International Transfers: Provisions governing the transfer of personal data outside the UK

2. Sub-processing: Provisions for engaging sub-processors and requirements for approval

3. Insurance: Requirements for maintaining specific insurance coverage for data protection risks

Suggested Schedules

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

2. Technical and Organizational Measures: Detailed security measures implemented by both parties

3. Data Subject Request Procedures: Detailed procedures for handling various types of data subject requests

4. Breach Response Plan: Detailed procedures for responding to data breaches

5. Contact Details: Key contacts for each party including Data Protection Officers if applicable

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

























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Relevant Industries
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Relevant Roles
Industries

UK GDPR: Primary legislation governing data protection in the UK post-Brexit, setting out fundamental principles for data processing, rights of data subjects, and obligations of data controllers

Data Protection Act 2018: UK's implementation of data protection laws, complementing and supplementing the UK GDPR with national specifications and requirements

PECR: Privacy and Electronic Communications Regulations governing electronic communications, cookies, and direct marketing

ICO Controllers and Processors Guidelines: Official guidance from the Information Commissioner's Office on the roles, responsibilities and relationships between controllers and processors

ICO Joint Controllers Guidelines: Specific guidance from the ICO on implementing joint controller arrangements and responsibilities

Retained ECJ Case Law: Relevant European Court of Justice decisions that were retained in UK law post-Brexit and continue to influence data protection interpretation

EDPB Guidelines: European Data Protection Board guidelines which, while non-binding post-Brexit, remain influential in UK data protection practice

UK GDPR Article 26: Specific article defining requirements for arrangements between joint controllers, including transparency and responsibility allocation

UK GDPR Article 28: Details processor obligations and required contractual terms between controllers and processors

UK GDPR Article 32: Specifies security requirements for data processing, including technical and organizational measures

UK GDPR Articles 13-14: Transparency requirements and information that must be provided to data subjects

UK GDPR Articles 15-22: Data subject rights including access, rectification, erasure, and portability

UK GDPR Articles 44-50: Requirements for international data transfers outside the UK

Industry Regulations: Sector-specific regulations that may impose additional data protection requirements

Contract Law Principles: Common law principles governing contract formation and enforcement in England and Wales

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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