The Data Outsourcing Agreement is essential when an organization engages external service providers to process personal data on its behalf. This agreement is particularly crucial in Singapore's regulatory environment, where the PDPA imposes strict obligations on data protection. The document outlines specific responsibilities, security measures, and compliance requirements, ensuring both parties understand their obligations in protecting personal data. It covers key aspects such as data handling procedures, breach notifications, audit rights, and cross-border transfer requirements, making it a fundamental document for any data processing relationship.
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1. Parties: Identification of the data controller (client) and data processor (service provider)
2. Background: Context of the agreement and brief description of the outsourcing arrangement
3. Definitions: Key terms including Personal Data, Processing, Data Protection Laws, Security Breach, etc.
4. Scope of Services: Detailed description of data processing activities and services to be provided
5. Data Protection Obligations: Core compliance requirements under PDPA and other applicable laws
6. Security Measures: Technical and organizational measures for data protection
7. Breach Notification: Procedures for reporting and handling data breaches
8. Audit Rights: Client's rights to audit compliance and data processing activities
9. Term and Termination: Duration and conditions for termination of the agreement
1. Cross-border Transfers: Requirements for international data transfers when data will be processed outside Singapore
2. Sector-Specific Requirements: Additional obligations for specific regulated industries such as finance, healthcare, etc.
3. Sub-processing: Terms for engaging sub-processors when service provider may use third-party processors
4. Insurance Requirements: Specific insurance coverage requirements for high-risk data processing activities
1. Schedule 1: Description of Processing: Detailed description of data types, purposes, and processing activities
2. Schedule 2: Security Measures: Technical and organizational security measures specification
3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors if applicable
4. Schedule 4: Data Transfer Mechanisms: Details of cross-border transfer arrangements if applicable
5. Schedule 5: Service Levels: Performance metrics and service level requirements
6. Appendix A: Data Breach Response Plan: Detailed procedures for handling data breaches
7. Appendix B: Audit Requirements: Specific procedures and requirements for audits
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