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Data Processing Addendum

Data Processing Addendum Template for Malaysia

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Key Requirements PROMPT example:

Data Processing Addendum

"I need a Data Processing Addendum for my Malaysian technology company that will be processing customer data in both Malaysia and Singapore starting January 2025, with particular focus on cross-border data transfer requirements and cloud storage compliance."

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Document background
The Data Processing Addendum (DPA) is essential for organizations operating in Malaysia that engage in the processing of personal data on behalf of others. This document is required when a data controller engages a data processor to handle personal data processing activities, ensuring compliance with the Malaysian Personal Data Protection Act 2010 and related regulations. The DPA should be used as an addendum to main service agreements where personal data processing is involved, detailing specific obligations regarding data security, confidentiality, sub-processing, and data subject rights. It includes provisions for breach notification, audit rights, and data deletion or return, while incorporating Malaysian-specific requirements for data protection and cross-border transfers. This document is particularly crucial given Malaysia's strict data protection regime and the significant penalties for non-compliance.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and company details

2. Background: Context of the relationship between parties and purpose of the DPA

3. Definitions: Key terms used in the agreement, aligned with PDPA 2010 definitions

4. Scope and Purpose of Processing: Detailed description of the authorized data processing activities and their purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and processing limitations

6. Obligations of the Data Controller: Responsibilities of the controller including lawful instructions and compliance with PDPA

7. Data Security: Required technical and organizational security measures

8. Confidentiality: Confidentiality obligations and personnel requirements

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

10. Data Subject Rights: Procedures for handling data subject requests and assistance requirements

11. Personal Data Breach: Breach notification procedures and response requirements

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

13. Term and Termination: Duration of the DPA and termination provisions

14. Return or Deletion of Data: Obligations regarding personal data upon termination

15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Malaysia, specifying transfer mechanisms and safeguards

2. Sector-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services)

3. Data Protection Impact Assessment: Procedures for conducting DPIAs when required for high-risk processing

4. Insurance Requirements: Specific insurance obligations for data processing activities

5. Business Continuity: Business continuity and disaster recovery requirements for critical processing

6. Specialized Processing Activities: Additional requirements for specific types of processing (e.g., automated decision-making, profiling)

Suggested Schedules

1. Schedule 1: Description of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes

2. Schedule 2: Technical and Organizational Measures: Specific security measures and controls implemented by the processor

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

4. Schedule 4: Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards if applicable

5. Appendix A: Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches

6. Appendix B: Audit Procedures: Specific procedures and requirements for conducting compliance audits

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

Technology and Software

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Cloud Services

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Privacy

Data Protection

Procurement

Commercial

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Risk Manager

Operations Manager

Contract Manager

Privacy Manager

Chief Information Security Officer

General Counsel

Commercial Director

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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