This Joint Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Malaysia. It is specifically designed to comply with the Malaysian Personal Data Protection Act 2010 (PDPA) and related data protection regulations. The agreement should be used when organizations share decision-making authority over data processing activities, such as in joint ventures, shared services arrangements, or collaborative projects. It includes crucial provisions for data protection compliance, risk allocation, and operational procedures. The document ensures clear delineation of responsibilities, establishes protocols for data subject rights management, and defines procedures for handling data breaches. This agreement is particularly important given Malaysia's strict data protection requirements and the potential penalties for non-compliance.
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1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the agreement and explanation of the joint processing activities
3. Definitions: Key terms used in the agreement, including those from PDPA 2010 and relevant Malaysian legislation
4. Scope and Purpose: Define the scope of joint processing activities and purposes for which personal data is processed
5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers for PDPA compliance
6. Data Processing Principles: Commitment to comply with Malaysian PDPA principles and processing requirements
7. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities
8. Data Security: Security measures and protocols to be implemented by both parties
9. Data Breach Notification: Procedures for handling and reporting data breaches
10. Liability and Indemnification: Distribution of liability between joint controllers and indemnification provisions
11. Term and Termination: Duration of the agreement and termination provisions
12. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction
13. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Cross-border Data Transfers: Required when personal data will be transferred outside Malaysia
2. Audit Rights: Include when parties want to establish mutual audit rights for compliance verification
3. Insurance Requirements: Include when specific insurance coverage is required for data protection
4. Sub-processing: Include when either controller may engage sub-processors
5. Data Protection Impact Assessment: Include for high-risk processing activities
6. Special Categories of Personal Data: Include when processing sensitive personal data under Malaysian law
1. Schedule 1 - Types of Personal Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of all joint processing activities
3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties
4. Schedule 4 - Contact Points: Key contacts for operational matters and data breach reporting
5. Schedule 5 - Data Subject Request Procedure: Detailed procedure for handling data subject rights requests
6. Appendix A - Data Processing Record Template: Template for maintaining records of processing activities
7. Appendix B - Data Breach Response Plan: Detailed protocol for responding to data breaches
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