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Sub Processor Agreement

Sub Processor Agreement Template for Nigeria

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Key Requirements PROMPT example:

Sub Processor Agreement

"I need a Sub Processor Agreement for my Nigerian fintech company to engage a cloud storage provider based in Ghana, with specific provisions for cross-border data transfers and financial data security requirements to be implemented by March 2025."

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Document background
The Sub Processor Agreement is essential when a data processor needs to engage another party (sub-processor) to assist in processing personal data on behalf of a data controller in Nigeria. This document is required under the Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Act 2023, which mandate formal agreements for all data processing relationships. The agreement outlines security measures, confidentiality obligations, data handling procedures, and compliance requirements. It's particularly crucial given Nigeria's increasing focus on data protection and the potential penalties for non-compliance with data protection regulations. The document ensures transparency in the data processing chain and helps organizations maintain compliance with Nigerian data protection laws while outsourcing data processing activities.
Suggested Sections

1. Parties: Identification of the main processor and sub-processor, including their registered details and authorized representatives

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

3. Definitions: Key terms used in the agreement, including those aligned with NDPR and Nigeria Data Protection Act definitions

4. Scope and Purpose: Details of the sub-processing activities, types of data involved, and purpose of processing

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Sub-processor Obligations: Core responsibilities including compliance with instructions, confidentiality, security measures, and data protection requirements

7. Technical and Organizational Measures: Security measures required to protect personal data in accordance with NDPR requirements

8. Data Subject Rights: Procedures for handling data subject requests and supporting the processor in responding to such requests

9. Data Breach Notification: Requirements and timeframes for reporting data breaches to the main processor

10. Audit Rights: Main processor's rights to audit the sub-processor and requirements for cooperation

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

12. Liability and Indemnification: Allocation of risk and responsibility between parties

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

Optional Sections

1. International Data Transfers: Required when sub-processing involves transfer of data outside Nigeria, including compliance with NDPR transfer requirements

2. Specialized Security Requirements: Needed for handling sensitive personal data or specific industry requirements

3. Business Continuity: Required for critical processing activities requiring disaster recovery and business continuity plans

4. Insurance Requirements: Specific insurance obligations for high-risk processing activities

5. Service Level Agreement: Required when specific performance metrics need to be maintained

6. Change Control: Needed when frequent changes to processing activities are anticipated

Suggested Schedules

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

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

3. Authorized Sub-processors: List of any approved further sub-processors (if applicable)

4. Data Transfer Mechanisms: Details of mechanisms used for any international data transfers

5. Service Levels: Specific performance metrics and service levels to be maintained

6. Fee Schedule: Details of fees and payment terms for sub-processing services

7. Contact Details and Escalation Matrix: Key contacts and procedures for operational and emergency communications

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 IT Services

Financial Services

Healthcare

Telecommunications

E-commerce

Cloud Services

Business Process Outsourcing

Education

Insurance

Manufacturing

Professional Services

Public Sector

Retail

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Data Protection

Procurement

Risk Management

Vendor Management

Information Technology

Data Governance

Privacy

Operations

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

IT Director

Chief Information Security Officer

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Chief Technology Officer

Information Security Manager

Vendor Management Officer

Chief Privacy Officer

Data 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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