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Data Controller Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Data Controller Agreement

"I need a Data Controller Agreement for my fintech startup based in Hong Kong that will be processing customer payment data and sharing it with third-party payment providers, with operations starting March 2025."

Document background
This Data Controller Agreement is essential for organizations operating in Hong Kong that collect, process, or control personal data. It is designed to ensure compliance with the Personal Data (Privacy) Ordinance (PDPO) and related regulations, while establishing clear protocols for data protection. The agreement is particularly relevant in scenarios where multiple entities may be involved in data processing activities or where there's a need to clearly define data controller responsibilities. It includes provisions for data security, breach notification, data subject rights, and cross-border data transfers, reflecting Hong Kong's specific regulatory requirements and international best practices in data protection. The document is crucial for businesses seeking to demonstrate compliance with Hong Kong's data protection regime and maintain proper data governance structures.
Suggested Sections

1. Parties: Identification of the data controller and any other parties to the agreement

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

3. Definitions: Definitions of key terms used in the agreement, including specific PDPO-related terminology

4. Scope and Purpose: Defines the scope of data processing activities and legitimate purposes

5. Data Protection Obligations: Core obligations under PDPO and related regulations

6. Data Security: Security measures required to protect personal data

7. Data Subject Rights: Procedures for handling data subject requests and rights

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

9. Audit Rights: Rights and procedures for auditing compliance

10. Confidentiality: Confidentiality obligations regarding processed data

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

12. Return or Destruction of Data: Obligations regarding data handling upon termination

13. Liability and Indemnities: Allocation of risks and responsibilities

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

Optional Sections

1. Cross-border Transfers: Required when personal data will be transferred outside Hong Kong

2. Sub-processing: Required when the controller may engage sub-processors

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

4. Data Protection Officer: Required when parties need to appoint dedicated data protection officers

5. Insurance Requirements: Required when specific insurance coverage for data protection is needed

6. Force Majeure: Optional provisions for handling unforeseen circumstances affecting data processing

7. Change Control: Required when formal procedures for changes to data processing are needed

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed

2. Schedule 2 - Processing Activities: Detailed description of authorized processing activities

3. Schedule 3 - Security Measures: Technical and organizational security measures

4. Schedule 4 - Sub-processors: List of authorized sub-processors if applicable

5. Schedule 5 - Data Retention Periods: Specific retention periods for different data categories

6. Appendix A - Data Transfer Mechanisms: Details of cross-border transfer arrangements if applicable

7. Appendix B - Technical Requirements: Technical specifications for data processing systems

8. Appendix C - Contact Details: Key contacts for data protection matters

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

Financial Services

Healthcare

Technology

E-commerce

Professional Services

Education

Insurance

Telecommunications

Retail

Manufacturing

Logistics

Real Estate

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Regulatory Affairs

Corporate Governance

Audit

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Chief Compliance Officer

Privacy Manager

Legal Counsel

Information Security Manager

Compliance Manager

Risk Manager

IT Director

Operations Director

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Privacy Analyst

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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