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Personal Data Collection Agreement Template for England and Wales

A Personal Data Collection Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions under which personal data will be collected, processed, and managed. It ensures compliance with the UK GDPR, Data Protection Act 2018, and related privacy legislation. The agreement outlines responsibilities of both parties, security measures, data subject rights, and breach notification procedures, providing a framework for lawful and secure data handling.

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What is a Personal Data Collection Agreement?

The Personal Data Collection Agreement serves as a crucial document for organizations collecting and processing personal data in England and Wales. With increasing data protection regulations and privacy concerns, this agreement ensures compliance with UK GDPR, the Data Protection Act 2018, and other relevant legislation. It provides clear guidelines on data collection purposes, processing limitations, security measures, and parties' obligations. This document is essential for establishing trust between data controllers and processors while maintaining legal compliance and protecting data subjects' rights.

What sections should be included in a Personal Data Collection Agreement?

1. Parties: Identification of data controller and data processor/collector

2. Background: Context and purpose of the data collection activities

3. Definitions: Key terms used throughout the agreement including definitions from UK GDPR and Data Protection Act 2018

4. Scope of Data Collection: Types of personal data to be collected and processing purposes

5. Data Protection Obligations: Compliance with UK GDPR principles and obligations

6. Security Measures: Technical and organizational measures for data protection

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

8. Breach Notification: Procedures for reporting and handling data breaches

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

What sections are optional to include in a Personal Data Collection Agreement?

1. International Transfers: Required when personal data will be transferred outside the UK, including appropriate safeguards and transfer mechanisms

2. Sub-processing: Terms and conditions for engaging sub-processors, including approval requirements and liability

3. Special Categories of Data: Additional safeguards and requirements for processing sensitive personal data under Article 9 of UK GDPR

What schedules should be included in a Personal Data Collection Agreement?

1. Schedule 1 - Description of Processing Activities: Detailed description of all processing activities covered by the agreement

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented to protect personal data

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

4. Schedule 4 - Data Transfer Mechanisms: Details of international transfer safeguards and appropriate mechanisms used

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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