The Personal Data Sharing Agreement is essential for organizations operating in Malaysia that need to share personal data while maintaining compliance with the Personal Data Protection Act 2010 (PDPA). This document becomes necessary when organizations need to transfer or share personal data with third parties, whether for business operations, service delivery, or group company arrangements. It provides a formal framework that ensures both parties understand their obligations under Malaysian law, including data protection principles, security requirements, and data subject rights. The agreement is particularly crucial given Malaysia's strict data protection regime and the potential penalties for non-compliance with the PDPA. It should be used whenever there is systematic or regular sharing of personal data between organizations, especially when dealing with sensitive personal data or cross-border transfers.
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1. Parties: Identification of the data controller (sharer) and data recipient, including registration details and registered addresses
2. Background: Context of the data sharing arrangement and relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including specific data protection terminology aligned with PDPA requirements
4. Purpose and Scope: Specific purposes for which personal data will be shared and processed, ensuring compliance with PDPA's purpose limitation principle
5. Data Protection Principles: Incorporation of PDPA's seven personal data protection principles and parties' obligations to comply
6. Data Sharing Process: Detailed procedures for sharing data, including format, method, frequency, and security measures
7. Security Measures: Specific security requirements for data protection during transfer, storage, and processing
8. Confidentiality Obligations: Obligations to maintain confidentiality of shared personal data
9. Data Subject Rights: Procedures for handling data subject requests and ensuring PDPA compliance regarding individual rights
10. Breach Notification: Procedures for reporting and handling personal data breaches
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Post-Termination Obligations: Obligations regarding shared data after agreement termination
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Cross-border Transfer Provisions: Required when personal data will be transferred outside Malaysia, ensuring compliance with PDPA's data transfer requirements
2. Audit Rights: Optional provisions for conducting compliance audits, recommended for high-risk data sharing
3. Sub-processing: Required when either party may engage sub-processors to handle the shared data
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
5. Data Protection Impact Assessment: Required for high-risk processing activities or large-scale data sharing
6. Special Categories of Personal Data: Required when sharing sensitive personal data as defined under PDPA
7. Costs and Fees: Optional section when there are specific costs associated with the data sharing arrangement
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be shared
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures and protocols to be implemented
3. Schedule 3 - Data Transfer Procedures: Detailed procedures for data transfer, including technical specifications
4. Schedule 4 - Contact Points: List of key contacts for operational matters and breach reporting
5. Schedule 5 - Processing Activities: Detailed description of processing activities and purposes
6. Appendix A - Data Subject Request Procedures: Procedures for handling data subject rights requests
7. Appendix B - Breach Response Plan: Detailed procedures for responding to data breaches
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