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Processor To Processor Dpa Template for United States

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Key Requirements PROMPT example:

Processor To Processor Dpa

"I need a Processor to Processor DPA for our cloud analytics service partnering with a data center provider in California, ensuring CCPA compliance and including specific clauses about AI processing and automated decision making, to be effective from March 2025."

Document background
The Processor to Processor DPA is essential when two entities acting as data processors need to share or process personal data in the United States. This agreement becomes necessary when one processor engages another processor to perform specific data processing activities, ensuring compliance with US federal regulations and state privacy laws such as CCPA and CPRA. The document outlines security requirements, breach notification procedures, liability allocation, and specific processing instructions. It's particularly important in scenarios involving cloud services, data analytics, or any situation where processed data is shared between service providers.
Suggested Sections

1. Parties: Identification of the processors and their roles

2. Background: Context of the processing relationship and purpose

3. Definitions: Key terms used throughout the agreement including relevant legislative references to FTC Act, State Privacy Laws, and other applicable regulations

4. Scope and Purpose: Details of processing activities and permitted purposes

5. Processing Requirements: Obligations regarding data processing activities, compliance with applicable laws

6. Security Measures: Required technical and organizational measures to ensure data protection

7. Confidentiality: Confidentiality obligations regarding processed data

8. Breach Notification: Procedures for handling data breaches and notification requirements

9. Term and Termination: Duration and termination conditions of the agreement

Optional Sections

1. Cross-Border Transfers: Required when data transfers outside the US are involved, including compliance with international data protection laws

2. Sub-processing: Required when either processor may engage sub-processors, including approval processes and obligations

3. Audit Rights: Optional provisions for audit and inspection rights between processors

4. Industry-Specific Compliance: Required when processing specific types of data (healthcare, financial, educational) subject to HIPAA, GLBA, or FERPA

Suggested Schedules

1. Schedule 1: Description of Processing Activities: Detailed description of processing operations, categories of data, and purposes

2. Schedule 2: Technical and Organizational Security Measures: Comprehensive list of security measures implemented by both processors

3. Schedule 3: Approved Sub-processors: List of approved sub-processors if applicable, including their roles and locations

4. Schedule 4: Data Transfer Mechanisms: Details of cross-border transfer mechanisms if applicable, including any required safeguards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
























Industries

FTC Act: Federal Trade Commission Act, particularly Section 5, which governs unfair or deceptive practices in data handling and privacy

GLBA: Gramm-Leach-Bliley Act - Regulates the collection, use, and disclosure of financial information

HIPAA: Health Insurance Portability and Accountability Act - Governs the processing and protection of healthcare data

COPPA: Children's Online Privacy Protection Act - Regulates the collection and processing of personal information from children under 13

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - Comprehensive state privacy laws providing California residents with various data privacy rights

VCDPA: Virginia Consumer Data Protection Act - Comprehensive privacy law providing Virginia residents with data protection rights

CPA: Colorado Privacy Act - Provides Colorado residents with various privacy rights and imposes obligations on businesses processing their data

CTDPA: Connecticut Data Privacy Act - Establishes privacy rights for Connecticut residents and requirements for businesses processing their data

UCPA: Utah Consumer Privacy Act - Provides privacy protections for Utah residents and regulates business data processing practices

GDPR: EU General Data Protection Regulation - Must be considered if processing data of EU residents, even in US-based operations

UK GDPR: United Kingdom General Data Protection Regulation - Applies when processing data of UK residents

PCI DSS: Payment Card Industry Data Security Standard - Security standard for organizations that handle credit card data

FERPA: Family Educational Rights and Privacy Act - Regulates the privacy of student education records

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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