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Data Management Agreement

Data Management Agreement Template for Singapore

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Key Requirements PROMPT example:

Data Management Agreement

"I need a Data Management Agreement for my fintech startup based in Singapore, which will be processing customer payment data through a third-party cloud service provider, with specific provisions for cross-border transfers to our development team in India starting March 2025."

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What is a Data Management Agreement?

The Data Management Agreement is essential when organizations engage in data processing activities in Singapore. It addresses requirements under the Personal Data Protection Act 2012 and related regulations, establishing clear responsibilities and obligations for all parties involved in data processing activities. This agreement is particularly crucial given Singapore's position as a global data hub and its strict data protection regime. The document covers critical aspects including data security measures, breach notification procedures, cross-border transfer requirements, and compliance obligations.

What sections should be included in a Data Management Agreement?

1. Parties: Identification of all contracting parties, including registered addresses and company numbers

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, including technical and legal definitions

4. Scope of Services: Details of data management services to be provided

5. Data Protection Obligations: Compliance with PDPA and other applicable laws

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

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

8. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Data Management Agreement?

1. Cross-Border Transfers: Rules for international data transfers when data will be transferred outside Singapore

2. Sector-Specific Compliance: Additional regulatory requirements for regulated industries (banking, healthcare, etc.)

3. Sub-processors: Rules for engaging third-party data processors when sub-processors will be involved

4. Data Subject Rights: Procedures for handling data subject requests when processing personal data of individuals

What schedules should be included in a Data Management Agreement?

1. Schedule 1: Services Description: Detailed description of data management services

2. Schedule 2: Security Requirements: Technical specifications for security measures

3. Schedule 3: Processing Activities: Details of data processing activities and purposes

4. Schedule 4: Service Levels: Performance metrics and service level agreements

5. Schedule 5: Fee Schedule: Pricing and payment terms

6. Appendix A: Data Categories: List of data types being processed

7. Appendix B: Approved Sub-processors: List of approved third-party data processors

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























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Industries

PDPA 2012: Singapore's Personal Data Protection Act 2012 - Primary legislation governing collection, use, disclosure and care of personal data, including provisions for data protection officers, consent requirements, and breach notifications

Cybersecurity Act 2018: Singapore legislation establishing cybersecurity requirements and critical information infrastructure protection, including data security obligations

Singapore Common Law: Common law principles related to confidentiality and contracts that form part of Singapore's legal framework

Sector-Specific Regulations: Industry-specific regulations including Banking Act and MAS Guidelines (financial sector), Healthcare regulations (medical data), and Telecommunications Act (telco sector)

GDPR Compliance: European Union's General Data Protection Regulation considerations when dealing with EU data subjects

APEC CBPR: APEC Cross-Border Privacy Rules System framework for data protection and privacy

ASEAN Framework: ASEAN Framework on Personal Data Protection providing regional guidelines for data protection

Data Protection Obligations: Key contractual elements addressing basic data protection responsibilities and requirements

Security Measures: Contractual provisions specifying required security measures and controls for data protection

Cross-border Transfers: Provisions governing the transfer of data across international borders

Breach Notifications: Procedures and obligations for reporting and handling data breaches

Data Retention: Policies and requirements for data retention periods and data disposal

Audit Rights: Provisions allowing for auditing and verification of data management practices

Liability and Indemnification: Terms defining responsibility and compensation for data-related incidents

Exit Management: Procedures and obligations for contract termination and subsequent data handling

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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