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Data Protection Addendum
"Need a Data Protection Addendum for our Hong Kong bank's relationship with a cloud service provider in Singapore, with specific provisions for cross-border data transfers and financial sector compliance requirements to be effective from March 2025."
1. Parties: Identification of the data controller and data processor, including their registered addresses and company details
2. Background: Context of the addendum, reference to the main agreement, and purpose of data processing activities
3. Definitions: Key terms used in the addendum, including those from PDPO and relevant guidelines
4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their specific purposes
5. Obligations of the Data Processor: Core responsibilities including security measures, confidentiality, and compliance with data protection principles
6. Data Controller Rights and Instructions: Controller's authority to issue instructions and monitor compliance
7. Security Requirements: Specific technical and organizational measures required for data protection
8. Data Breach Notification: Procedures and timeframes for reporting data breaches
9. Subprocessing: Conditions and requirements for engaging subprocessors
10. Data Subject Rights: Procedures for handling data access, correction, and deletion requests
11. Audit Rights: Controller's rights to audit processor's compliance
12. Term and Termination: Duration of the addendum and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Cross-border Data Transfers: Required when personal data will be transferred outside Hong Kong, including safeguards and compliance measures
2. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
3. Data Protection Impact Assessment: Procedures for conducting DPIAs when processing high-risk data
4. Special Categories of Data: Additional safeguards for sensitive personal data
5. Insurance Requirements: Specific insurance obligations for data protection
6. Business Continuity: Measures for ensuring continuous data protection during disruptions
7. Exit Management: Detailed procedures for transitioning data processing to another processor
1. Schedule 1 - Processing Activities: Detailed description of data processing activities, categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented
3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer arrangements and safeguards
5. Appendix A - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix B - Compliance Checklist: Checklist of PDPO requirements and compliance measures
7. Appendix C - Data Handling Procedures: Standard operating procedures for routine data processing activities
Authors
Financial Services
Healthcare
Technology
E-commerce
Education
Professional Services
Insurance
Telecommunications
Retail
Manufacturing
Logistics
Real Estate
Hospitality
Legal
Compliance
Information Technology
Information Security
Risk Management
Privacy
Operations
Procurement
Data Management
Technology
Corporate Governance
Vendor Management
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Chief Compliance Officer
Privacy Counsel
Legal Counsel
IT Director
Information Security Manager
Compliance Manager
Risk Manager
Operations Director
Chief Technology Officer
Privacy Manager
General Counsel
Contract Manager
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