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It sets out roles and key definitions, including Personal Data, Data Loss Events, and Sub-Processors. The agreement governs the scope of processing, authorizes processing only for specified business purposes under controller instructions, and requires security measures in Annex B. 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The contractor is designated as the Data Processor and processes Personal Data on the Agency’s behalf.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What limits the Data Processor’s use of Personal Data?",{"text":113,"@type":109},"The Data Processor may process Personal Data only to the extent and in the manner necessary for the Business Purpose, and only according to the Data Controller’s written instructions and Annex A.",{"name":115,"@type":106,"acceptedAnswer":116},"Which legal frameworks does the agreement aim to comply with?",{"text":117,"@type":109},"The agreement is intended to comply with the EU General Data Protection Regulation (GDPR) 2016/679 and the Malta Data Protection Act 2018 (Chapter 586).","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},287145,1790122061,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":35,"category_name":36,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":73,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":79},2336478945635,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","This Data Processing Agreement (“Agreement”) is entered into between  \nTHE ENERGY & WATER AGENCY, as established by L. N. 50 of 2014, (“the Agency”), herein also referred to as the “Data Controller”,  \nAnd  \n[CONTRACTOR]  \nand is an addendum to, and should be construed in conjunction with, the contract entered into by the same Parties for [DESCRIPTION OF TENDER] (the “Principal Agreement”) .  \nPreambles  \nWHEREAS  \n(A) The Parties have entered into an Agreement (the Principal Agreement) by virtue of which [CONTRACTOR], (the Data Processor), shall be processing data on behalf of the Agency in fulfilment of contractual obligations.  \n(B) The Agency is the Data Controller of any Personal Data processed by [CONTRACTOR], including Personal Data collected, recorded, organised, stored, altered, retrieved, used, disclosed by transmission, disseminated or otherwise made available, erased or destroyed, whether or not by automated means, in fulfilment of the obligations arising under the Principal Agreement.  \n(C) The Personal Data shall be exclusively processed in fulfilment of the Data Processor’s obligations under the Principal Agreement.  \n(D) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework set out in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and of Chapter 586 of the Laws of Malta (the Data Protection Act 2018) .  \n(E) The Parties wish to lay down their reciprocal rights and obligations regulating the processing of Personal Data.  \n1 Definitions  \n‘Business Purpose/ Purpose’ means the purpose/s specified in Annex A.  \n‘Confidential Information’ means such data as defined in Clause 6 of this Agreement.  \n‘Data Controller / Controller’ shall have the same meaning of ‘controller’ as set out in the GDPR , and for the purposes of this Agreement shall be the Energy and Water Agency.  \n‘Data Loss Event’ means any event that results, or may result, in unauthorised access to Personal Data held by the Data Processor under this Agreement and/or actual or potential loss and/or destruction of Personal Data in breach of this Agreement , including any Personal Data Breach.  \n‘Data Processor / Processor’ shall have the same meaning of ‘processor’ as set out in  \nthe GDPR , and for the purposes of this Agreement shall be [CONTRACTOR]  \n‘Data Processor System’ means the information and communication technology used by the Data Processor in the provision of the Service.  \n‘Data Protection Impact Assessment’ means an assessment by the Controller of the impact of the envisaged processing on the protection of Personal Data.  \n‘Data Protection Legislation’ means the Data Protection Act 2018 (Cap 586) and the General Data Protection Regulation (EU) 2016/679 (GDPR), on the protection of natural persons with regard to the processing of personal data, and on the free movement of such data whether held electronically or in manual form.  \n‘Data Subject’ shall have the same meaning of ‘data subject’as set out in the GDPR.  \n‘Data Subject Access Request’ means a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data.  \n‘EEA’ means the European Economic Area.  \n‘Principal Agreement’ means the service contract entered into for the purposes of [INSERT DESCRIPTION] (Tender Ref No \\#\\#\\#\\#\\#) .  \n‘Personal Data’ shall be interpreted according to the meaning set out in the GDPR and shall mean any Personal Data which is processed by the Data Processor on behalf of the Agency pursuant to or in connection with the Principal Agreement, and shall be construed to include any additional Personal Data which the Contracted Data Processor acquiresand retains in the cou","cbCaisJmpjrgILvH","https://ap.wps.com/l/cbCaisJmpjrgILvH","pdf",170072,10,"English","# 1 Definitions\n# 2 Scope\n# 3 Data Protection Obligations","[{\"question\":\"Who are the Data Controller and the Data Processor in this agreement?\",\"answer\":\"The Agency is the Data Controller. The contractor is designated as the Data Processor and processes Personal Data on the Agency’s behalf.\"},{\"question\":\"What limits the Data Processor’s use of Personal Data?\",\"answer\":\"The Data Processor may process Personal Data only to the extent and in the manner necessary for the Business Purpose, and only according to the Data Controller’s written instructions and Annex A.\"},{\"question\":\"Which legal frameworks does the agreement aim to comply with?\",\"answer\":\"The agreement is intended to comply with the EU General Data Protection Regulation (GDPR) 2016/679 and the Malta Data Protection Act 2018 (Chapter 586).\"}]","Data-Processing-Agreement-Template | PDF",1789631947]