A joint controller agreement is a legal document that sets out the terms and conditions of data sharing between two or more organizations. This is particularly important in the age of data protection regulations, such as the EU`s General Data Protection Regulation (GDPR), which requires organizations to demonstrate clear ownership and responsibility for the personal data they process.
A joint controller agreement sample typically includes the following elements:
1. Definitions: This section defines key terms used throughout the agreement, such as “personal data,” “processing,” and “data subject.”
2. Scope: The scope section outlines the purpose of the agreement and the nature of the data sharing arrangement, including the types of personal data that will be shared and the purposes for which it will be used.
3. Responsibilities: This section sets out the responsibilities of each organization in relation to the personal data, including who will be responsible for obtaining consent from data subjects, who will be responsible for responding to data subject requests, and who will be responsible for ensuring compliance with data protection laws.
4. Data Security Measures: This section outlines the measures that will be taken to ensure the security of the personal data, such as encryption, access controls, and data backups.
5. Data Protection Impact Assessment: Where required by law, this section outlines the process for conducting a Data Protection Impact Assessment (DPIA) to assess the risks and benefits of the data sharing arrangement.
6. Dispute Resolution: This section outlines the process for resolving disputes that may arise between the joint controllers.
7. Termination: This section outlines the terms under which the agreement may be terminated, and what will happen to the personal data in such a scenario.
8. Governing Law and Jurisdiction: This section specifies the law that will govern the agreement, and the jurisdiction (i.e. which court) where any legal disputes will be heard.
In summary, a joint controller agreement sample is a crucial document for any organization involved in data sharing, and should be carefully drafted to ensure compliance with applicable data protection laws and to allocate responsibility and liability between the joint controllers.