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DPA Agreement

DPA Agreement Template for Malaysia

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Key Requirements PROMPT example:

DPA Agreement

"I need a DPA Agreement for my Malaysian technology company that will be using a cloud service provider based in Singapore to process customer data starting January 2025, with specific provisions for cross-border data transfers and cloud security measures."

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Document background
The Data Processing Agreement (DPA) is essential for organizations operating in Malaysia that engage third parties to process personal data on their behalf. This document is required for compliance with Malaysia's Personal Data Protection Act 2010 and related regulations, which mandate specific protections for personal data processing activities. The DPA Agreement establishes the framework for lawful data processing, defining the responsibilities and obligations of both the data controller and processor. It includes crucial provisions for data security, confidentiality, breach notification, and data subject rights, while addressing specific Malaysian regulatory requirements. This agreement is particularly important given Malaysia's strict data protection regime and the potential penalties for non-compliance with PDPA requirements.
Suggested Sections

1. Parties: Identifies the data controller and data processor, including their full legal names, registration numbers, and registered addresses

2. Background: Explains the context of the agreement, the relationship between the parties, and the purpose of data processing

3. Definitions: Defines key terms used in the agreement, aligned with PDPA 2010 definitions and other relevant Malaysian legislation

4. Scope and Purpose of Processing: Specifies the types of personal data to be processed and the agreed purposes for processing

5. Duration of Processing: Defines the term of the agreement and the period for which data will be processed

6. Obligations of the Data Processor: Details the processor's responsibilities, including security measures, confidentiality, and compliance with PDPA principles

7. Obligations of the Data Controller: Outlines the controller's duties, including providing instructions and ensuring lawful basis for processing

8. Security Measures: Specifies technical and organizational security measures required to protect personal data

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

10. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with PDPA rights

11. Personal Data Breach: Procedures for detecting, reporting, and handling data breaches

12. Audit Rights: Provisions for conducting audits and inspections

13. Termination: Conditions for termination and data handling upon agreement end

14. Governing Law and Jurisdiction: Specifies 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 compliance with PDPA transfer requirements

2. Special Categories of Data: Include when processing sensitive personal data as defined under PDPA

3. Data Protection Officer: Include when parties need to designate specific DPO contacts

4. Insurance Requirements: Include when specific insurance coverage for data processing activities is required

5. Business Continuity: Include when specific disaster recovery and business continuity requirements are needed

6. Industry-Specific Requirements: Include when processing data subject to sector-specific regulations (e.g., healthcare, financial services)

Suggested Schedules

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

2. Schedule 2: Technical and Organizational Security Measures: Detailed specifications of security measures implemented by the processor

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

4. Schedule 4: Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Schedule 5: Service Level Agreement: Specific performance metrics and service levels for data processing activities

6. Appendix A: Contact Details: Contact information for key personnel and data protection officers

7. Appendix B: Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

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

Education

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Human Resources

Hospitality

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Procurement

Data Protection

Information Governance

Operations

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

IT Director

Chief Information Security Officer

Risk Manager

Procurement Manager

Contract Manager

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Privacy Analyst

Compliance Officer

Information 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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