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Sub Processor Agreement

Sub Processor Agreement Template for Malaysia

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Key Requirements PROMPT example:

Sub Processor Agreement

"I need a Sub Processor Agreement for my Malaysian technology company to engage a cloud storage provider in Singapore, with strict data security requirements and cross-border transfer provisions to be compliant with PDPA 2010."

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Document background
The Sub Processor Agreement is essential when a data processor needs to engage another party to process personal data on their behalf in Malaysia. This document is required for compliance with the Personal Data Protection Act 2010 and ensures proper data handling throughout the processing chain. It becomes necessary when companies outsource data processing activities, use cloud services, or engage third-party vendors for data-related services. The agreement covers crucial aspects such as security measures, confidentiality obligations, data breach procedures, and audit rights. It's particularly important in the Malaysian context where data protection regulations impose strict requirements on data handling and transfer, making it essential for businesses to have proper documentation and controls in place for all data processing relationships.
Suggested Sections

1. Parties: Identification of the main processor and the sub-processor, including full legal names and registered addresses

2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services

3. Definitions: Key terms used throughout the agreement, including technical terms, regulatory references, and defined parties

4. Scope and Purpose: Details of the sub-processing activities, permitted purposes, and limitations

5. Sub-processor Obligations: Core obligations including compliance with instructions, security measures, and data protection requirements

6. Technical and Organizational Measures: Required security measures and standards for data protection

7. Confidentiality: Confidentiality obligations regarding processed data and business information

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

9. Audit Rights: Processor's rights to audit sub-processor's compliance

10. Duration and Termination: Term of the agreement and termination provisions

11. Return or Deletion of Data: Obligations regarding data handling upon termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

Optional Sections

1. Cross-border Data Transfers: Required if data will be transferred outside Malaysia, specifying compliance with PDPA requirements

2. Insurance Requirements: Specific insurance obligations for the sub-processor, recommended for high-risk processing

3. Business Continuity: Requirements for business continuity and disaster recovery, important for critical services

4. Sub-subprocessing: Terms for any further delegation of processing, if permitted

5. Service Levels: Specific performance metrics and standards, if applicable to the services

6. Change Control: Procedures for managing changes to services or technical measures

Suggested Schedules

1. Description of Processing Activities: Detailed description of sub-processing activities, including data categories and purposes

2. Technical and Security Measures: Detailed specifications of required security measures and controls

3. Data Processing Instructions: Specific instructions and procedures for data processing activities

4. Service Level Agreement: Detailed service levels and performance metrics if applicable

5. Fee Schedule: Pricing and payment terms for sub-processing services

6. Contact Details: Key contacts and escalation procedures for operational and emergency matters

7. Data Breach Response Plan: Detailed procedures and responsibilities in case of 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

Financial Services

Healthcare

E-commerce

Telecommunications

Cloud Services

Business Process Outsourcing

Professional Services

Education

Manufacturing

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Procurement

Risk Management

Operations

Vendor Management

Privacy

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Information Security Manager

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Chief Technology Officer

Vendor Manager

Chief Information Security Officer

Privacy Analyst

Data Protection Specialist

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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