The Data Disclosure Agreement serves as a critical legal instrument for organizations in the Philippines that need to share sensitive or personal data while maintaining compliance with data protection regulations. This document becomes necessary when one organization (the Data Discloser) needs to share confidential information or personal data with another organization (the Data Recipient) for specific business purposes. The agreement must align with the requirements of the Philippine Data Privacy Act of 2012 and its Implementing Rules and Regulations, addressing key aspects such as data security, processing limitations, and data subject rights. It is particularly relevant in scenarios involving outsourcing, strategic partnerships, vendor relationships, or any situation requiring controlled data sharing between entities.
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1. Parties: Identification of the data discloser and recipient, including their legal status and principal places of business
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Security Measures, and other relevant terms
4. Purpose and Scope: Specific purposes for which the data may be disclosed and used, including any restrictions
5. Data Protection Obligations: Compliance requirements with the Data Privacy Act and implementing rules, including data handling procedures
6. Security Measures: Required technical and organizational security measures for protecting the disclosed data
7. Confidentiality Obligations: General confidentiality requirements and restrictions on data use
8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with their rights
9. Breach Notification: Procedures and timeframes for reporting data breaches or security incidents
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Return or Destruction of Data: Requirements for handling data upon termination or request
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when data may be transferred outside the Philippines, including compliance with international data transfer requirements
2. Subprocessing: Include when the recipient may need to engage subprocessors to handle the disclosed data
3. Audit Rights: Include when regular audits of data handling practices are required
4. Insurance Requirements: Include when specific insurance coverage for data protection is required
5. Intellectual Property Rights: Include when the disclosed data includes or relates to intellectual property
6. Compensation and Costs: Include when there are specific fee arrangements for data processing or disclosure
1. Schedule 1 - Categories of Data: Detailed list of data types and categories being disclosed
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access and process the disclosed data
3. Schedule 3 - Security Requirements: Detailed technical and organizational security measures required
4. Schedule 4 - Processing Activities: Detailed description of allowed processing activities and purposes
5. Appendix A - Data Processing Terms: Specific terms and conditions for data processing activities
6. Appendix B - Standard Contractual Clauses: If applicable, standard contractual clauses for international data transfers
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Education
Telecommunications
Professional Services
Manufacturing
Retail
Business Process Outsourcing
Research and Development
Insurance
Real Estate
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Operations
Procurement
Corporate Governance
Business Development
Research & Development
Information Management
Relevant Roles
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Business Development Manager
IT Director
Chief Information Officer
Chief Technology Officer
Operations Manager
Project Manager
Procurement Manager
Vendor Relations Manager
Chief Legal Officer
Corporate Secretary
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