The Commissioned Data Processing Agreement is essential when an organization (controller) engages another party (processor) to process personal data on its behalf. This agreement has become increasingly critical with the evolution of U.S. privacy laws and regulations at both federal and state levels. It addresses key requirements for data protection, defines responsibilities and liabilities, and ensures compliance with applicable privacy regulations. The agreement is particularly important in light of stringent state laws like CCPA and industry-specific regulations such as HIPAA and GLBA.
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1. Parties: Identification of the data controller and data processor, including full legal names and addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject', etc.
4. Scope and Purpose of Processing: Detailed description of what data will be processed and for what purposes
5. Obligations of the Processor: Core responsibilities and commitments of the data processor
6. Security Measures: Technical and organizational measures for data protection
7. Data Breach Notifications: Procedures and timelines for reporting data breaches
8. Term and Termination: Duration of the agreement and termination conditions
1. Cross-Border Transfers: Requirements and safeguards for international data transfers outside the US
2. Industry-Specific Compliance: Additional requirements for specific regulated industries (HIPAA, FERPA, or GLBA-regulated data)
3. Subprocessing: Rules and conditions for engaging subprocessors in data processing activities
1. Schedule A - Details of Processing: Detailed information about categories of data, subjects, and processing activities
2. Schedule B - Technical and Organizational Measures: Detailed security measures and controls implemented for data protection
3. Schedule C - Approved Subprocessors: List of pre-approved subprocessors and their roles
4. Schedule D - Standard Contractual Clauses: Standard contractual clauses for international data transfers
5. Schedule E - Security Breach Response Plan: Detailed procedures and protocols for handling data breaches
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