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Third Party Processor Agreement

Third Party Processor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Third Party Processor Agreement

"I need a Third Party Processor Agreement for my UK-based software company that will be using an external cloud provider to process customer data, with specific provisions for international transfers as the processor is based in Germany."

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Document background
This Third Party Processor Agreement is essential when an organization (the controller) engages another organization (the processor) to process personal data on its behalf. Under English and Welsh law, particularly the UK GDPR and Data Protection Act 2018, such arrangements must be governed by a written contract specifying the processor's obligations, security requirements, and compliance measures. The agreement is crucial for establishing clear accountability, ensuring data protection compliance, and managing risk in data processing relationships.
Suggested Sections

1. Parties: Identification of the controller and processor

2. Background: Context of the processing relationship and applicable legislation (UK GDPR, DPA 2018, PECR)

3. Definitions: Key terms used throughout the agreement including data protection specific terminology

4. Scope and Purpose of Processing: Details of what data will be processed and why, including categories of data and processing activities

5. Duration: Term of the processing agreement and provisions for termination

6. Processor Obligations: Core responsibilities of the processor under UK GDPR and DPA 2018

7. Security Measures: Required technical and organizational measures to ensure appropriate security

8. Sub-processing: Rules and restrictions for engaging sub-processors

9. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

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

Optional Sections

1. International Transfers: Required when data will be transferred outside the UK, including appropriate safeguards and transfer mechanisms

2. Industry-Specific Compliance: Additional requirements for regulated industries such as financial services or healthcare

3. Enhanced Audit Rights: Detailed audit provisions when controller requires specific audit capabilities beyond standard requirements

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Security Measures: Comprehensive list of security measures implemented by the processor

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

4. Schedule 4 - Transfer Mechanisms: Details of international transfer safeguards and relevant documentation

5. Schedule 5 - Key Contacts: Contact details for both parties including Data Protection Officers if applicable

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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Industries

UK GDPR: The United Kingdom General Data Protection Regulation - primary legislation governing data protection and privacy in the UK post-Brexit

DPA 2018: Data Protection Act 2018 - the UK's implementation of data protection legislation that works alongside the UK GDPR

PECR 2003: Privacy and Electronic Communications Regulations 2003 - specific regulations governing electronic communications, including rules on cookies, email marketing, and telecommunications

EU GDPR: European Union General Data Protection Regulation - relevant for cross-border data transfers between UK and EU, and compliance requirements when dealing with EU data subjects

Data Protection and Digital Information Bill: Upcoming UK legislation that will update and simplify data protection laws, replacing current frameworks - needs to be considered for future compliance

ICO Guidance: Official guidance from the Information Commissioner's Office on data processing agreements, international transfers, security requirements, and processor obligations

Standard Contractual Clauses: Template contractual terms approved for international data transfers, essential for compliance when transferring data across borders

UK IDTA: UK International Data Transfer Agreement - the UK's post-Brexit mechanism for ensuring adequate safeguards for international data transfers

FCA Regulations: Financial Conduct Authority regulations specific to financial services sector data protection requirements

NHS Data Standards: Specific data protection standards and requirements for handling healthcare data within the NHS framework

Government Security Classifications: Classification system for public sector data handling and protection requirements

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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