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The Controller Processor Agreement is essential when an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document is required under Article 28 of the GDPR and must comply with Irish law, including the Data Protection Act 2018. It sets out the processor's obligations regarding data security, confidentiality, sub-processing, and assistance with data subject requests. The agreement includes specific provisions required by Irish regulators and the Irish Data Protection Commission, making it suitable for organizations operating under Irish jurisdiction. It typically contains detailed schedules outlining the nature of processing activities, security measures, and approved sub-processors, ensuring comprehensive coverage of all GDPR compliance requirements.

1. Parties: Identification of the controller and processor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the data processing

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

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration of Processing: Term of the agreement and processing activities

6. Nature and Purpose of Processing: Specific details about how and why the data will be processed

7. Processor Obligations: Core obligations of the processor including security measures, confidentiality, and compliance with controller's instructions

8. Controller Obligations: Responsibilities and obligations of the controller, including lawful basis for processing

9. Sub-processing: Conditions and requirements for engaging sub-processors

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

11. Data Security: Security measures and standards required for data protection

12. Data Breach Notification: Procedures and timeframes for reporting data breaches

13. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

14. Data Return and Deletion: Obligations regarding data handling upon agreement termination

15. Liability and Indemnification: Allocation of liability and indemnification obligations

16. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes