The Controller to Controller Data Processing Agreement is essential when two organizations need to share personal data while maintaining independent control over its processing. This document is particularly relevant under U.S. privacy laws, including state-specific regulations like CCPA/CPRA and federal sectoral laws. It defines each party's obligations regarding data security, breach notification, and data subject rights. The agreement is crucial for establishing clear boundaries of responsibility, ensuring regulatory compliance, and maintaining appropriate data protection standards in data-sharing relationships.
Controller To Controller Data Processing Agreement for the United States
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Key Requirements PROMPT example:
Controller To Controller Data Processing Agreement
"I need a Controller To Controller Data Processing Agreement that complies with CCPA and HIPAA requirements, as we're sharing healthcare data between our hospital network and a medical research institution starting March 2025."
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1. Parties: Identification of the data controllers and their legal details
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including data categories, processing activities, and regulatory references
4. Scope and Purpose: Detailed description of data sharing activities and legitimate purposes
5. Obligations of the Parties: Core responsibilities of each controller regarding data processing and protection
6. Data Security: Required security measures and standards
7. Data Subject Rights: Procedures for handling data subject requests and rights
8. Breach Notification: Procedures and timelines for reporting data breaches
9. Term and Termination: Duration of agreement and termination conditions
1. International Transfers: Requirements for cross-border data transfers when data will be transferred outside the US
2. Sector-Specific Requirements: Additional requirements for specific industries when dealing with healthcare, financial, or other regulated data
3. Audit Rights: Rights and procedures for conducting audits when regular compliance verification is needed
4. Sub-processing: Rules for engaging sub-processors when either party may use third-party processors
1. Schedule 1 - Data Processing Details: Detailed description of data categories, purposes, and processing activities
2. Schedule 2 - Security Measures: Technical and organizational security measures implemented by both parties
3. Schedule 3 - Contact Details: Key contacts for operational and emergency communications
4. Schedule 4 - Standard Contractual Clauses: Template clauses for international data transfers, if applicable
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling data breaches
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