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Data Processing Addendum DPA

Data Processing Addendum DPA Template for Nigeria

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Key Requirements PROMPT example:

Data Processing Addendum DPA

"I need a Data Processing Addendum (DPA) for my Nigerian fintech company that will be using a UK-based cloud service provider to process customer financial data, with the agreement starting in March 2025 and including provisions for international data transfers."

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Document background
The Data Processing Addendum (DPA) is a crucial legal document required whenever an organization (data controller) engages another party (data processor) to process personal data on its behalf in Nigeria. This document is essential for compliance with the Nigeria Data Protection Act 2023 and must be in place before any data processing activities commence. The DPA outlines specific responsibilities, security requirements, and compliance obligations for both parties, including provisions for data breach notification, sub-processor engagement, and cross-border transfers. It serves as an addendum to the main service agreement and ensures that all data processing activities are conducted in accordance with Nigerian data protection requirements and international best practices.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including their registered addresses and company details

2. Background: Context of the DPA, reference to the main service agreement, and purpose of the addendum

3. Definitions: Definitions of key terms used in the DPA, aligned with Nigerian data protection legislation

4. Scope and Purpose of Processing: Details of the authorized data processing activities, types of personal data, and categories of data subjects

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 basis for processing and providing documented instructions

7. Sub-processing: Conditions and requirements for engaging sub-processors, including approval processes

8. Data Security: Required technical and organizational security measures to protect personal data

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

10. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

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

12. Term and Termination: Duration of the DPA and conditions for termination

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

14. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

Optional Sections

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

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

3. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by the nature of processing

4. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

5. Liability and Indemnification: Detailed provisions on liability allocation and indemnification for data protection breaches

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, including data categories, purposes, and duration

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

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

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

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

6. Appendix B - Data Subject Request Procedures: Procedures for handling data subject rights requests

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


























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Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Manufacturing

Professional Services

Insurance

Government and Public Sector

Retail

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Privacy

Procurement

Vendor Management

Data Protection

Information Technology

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Compliance Manager

Legal Counsel

IT Security Manager

Risk Manager

Information Security Officer

Privacy Manager

Contracts Manager

Chief Information Security Officer

Chief Legal Officer

Chief Technology Officer

Procurement Manager

Vendor Management Officer

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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