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Third Party Data Processing Agreement

Third Party Data Processing Agreement Template for Singapore

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Key Requirements PROMPT example:

Third Party Data Processing Agreement

"I need a Third Party Data Processing Agreement under Singapore law for our cloud service provider who will be processing customer data across APAC regions, with specific provisions for healthcare data compliance as we operate medical clinics in Singapore."

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What is a Third Party Data Processing Agreement?

The Third Party Data Processing Agreement is essential for organizations in Singapore that outsource the processing of personal data to external parties. This agreement is mandated by the Personal Data Protection Act 2012 (PDPA) when a data controller engages a data processor. It defines the scope of processing activities, security measures, confidentiality obligations, and compliance requirements. The agreement is particularly crucial given Singapore's strict data protection regime and helps organizations maintain compliance while managing risks associated with third-party data processing.

What sections should be included in a Third Party Data Processing Agreement?

1. Parties: Identification of the data controller and data processor, including full legal names and registration details

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

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

4. Scope of Processing: Detailed description of permitted data processing activities

5. Data Protection Obligations: Core obligations regarding data security, confidentiality, and compliance with Singapore PDPA

6. Data Breach Procedures: Protocols for handling and reporting data breaches under Singapore law

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

What sections are optional to include in a Third Party Data Processing Agreement?

1. Cross-border Transfers: Provisions governing the transfer of personal data outside Singapore, including compliance with Transfer Limitation Obligation

2. Sub-processor Provisions: Rules and requirements for engaging additional data processors, including approval processes

3. Industry-Specific Compliance: Additional requirements for regulated industries such as banking, healthcare, or telecommunications

What schedules should be included in a Third Party Data Processing Agreement?

1. Schedule 1: Processing Activities: Detailed list of authorized processing activities, data types, and processing purposes

2. Schedule 2: Security Measures: Technical and organizational security measures implemented to protect personal data

3. Schedule 3: Sub-processors: List of approved sub-processors and their processing activities

4. Appendix A: Data Transfer Mechanisms: Details of cross-border transfer arrangements and safeguards

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: Personal Data Protection Act 2012 - Main framework for data protection in Singapore, governing collection, use, disclosure, and care of personal data

PDPA Regulations 2021: Updated regulations under PDPA including specific requirements for data protection and handling

Data Protection Regulations 2014: Foundational regulations under PDPA specifying compliance requirements

Data Breach Notification Obligations: Mandatory requirements for reporting and handling data breaches under Singapore law

PDPC Advisory Guidelines on Key Concepts: Official guidelines explaining fundamental concepts and interpretation of PDPA requirements

PDPC Guidelines for Selected Topics: Specific guidance on particular aspects of data protection implementation

Data Protection Impact Assessments Guide: Guidelines for conducting privacy impact assessments for data processing activities

Transfer Limitation Obligation: Requirements for transferring personal data outside of Singapore

APEC CBPR System: Cross Border Privacy Rules System framework for international data transfers

APEC Privacy Framework: Regional privacy framework providing principles for data protection

Banking Act: Sector-specific requirements for data protection in banking sector

Healthcare Services Act: Sector-specific requirements for data protection in healthcare sector

Telecommunications Act: Sector-specific requirements for data protection in telecommunications sector

Cybersecurity Act 2018: Requirements for protection of critical information infrastructure and cybersecurity

Cloud Security Standards: Standards and requirements specific to cloud service providers and cloud data processing

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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