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Joint Controller Data Processing Agreement

Joint Controller Data Processing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Joint Controller Data Processing Agreement

"I need a Joint Controller Data Processing Agreement for a fintech partnership between my Hong Kong bank and a cloud services provider, with specific provisions for real-time data sharing and automated decision-making processes, to be implemented by March 2025."

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Document background
This Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine how and why personal data is processed in Hong Kong. It's specifically required when multiple parties share decision-making authority over data processing activities and must comply with Hong Kong's Personal Data (Privacy) Ordinance (PDPO). The agreement should be used when organizations collaborate on projects involving shared data responsibilities, such as joint ventures, shared services arrangements, or collaborative research projects. It details the allocation of responsibilities, compliance obligations, security requirements, and liability arrangements between the joint controllers. The document ensures clear accountability and transparency in data protection practices while meeting Hong Kong's regulatory requirements and international data protection standards.
Suggested Sections

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

2. Background: Context of the joint processing relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific Hong Kong PDPO terminology

4. Scope and Purpose: Detailed description of the joint processing activities and their purposes

5. Roles and Responsibilities: Clear delineation of each controller's duties and areas of responsibility

6. Data Protection Principles: Compliance commitments with Hong Kong's Data Protection Principles

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

8. Security Measures: Required technical and organizational measures for data protection

9. Data Breach Notification: Procedures for handling and reporting data breaches

10. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions

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

12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

Optional Sections

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

2. Audit Rights: Include when regular compliance audits between parties are needed

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

4. Sub-processing: Include if either controller may engage sub-processors

5. Business Continuity: Required for critical processing operations requiring backup plans

6. Data Protection Impact Assessments: Include for high-risk processing activities

7. Joint Controller Point of Contact: Designation of primary contact points when multiple teams are involved

Suggested Schedules

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

2. Schedule 2 - Technical and Security Measures: Specific security controls and measures implemented by each party

3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

4. Schedule 4 - Data Breach Response Plan: Step-by-step protocol for handling data breaches

5. Schedule 5 - Contact Details: Key contacts for operational, technical and legal matters

6. Appendix A - Data Flow Diagram: Visual representation of how data flows between joint controllers

7. Appendix B - Compliance Checklist: Checklist of PDPO requirements and responsibilities

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






























Clauses


























Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Insurance

Education

Professional Services

Telecommunications

Real Estate

Digital Marketing

Cloud Services

Research and Development

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Corporate Governance

Project Management

Data Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Operations Director

Project Manager

Privacy Manager

Information Security Manager

Chief Technology Officer

Chief Legal Officer

Compliance Officer

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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