What must a valid subcontracting agreement contain regarding persons legally authorized to process data?
Any valid and binding subcontracting agreement must strictly stipulate clear legal obligations for the personal information processor handling the outsourced data. It must explicitly mandate that a permanent and binding obligation of absolute confidentiality is legally imposed on all persons formally authorized to process the personal data. This requirement thoroughly prevents any unauthorized data leakage or malicious misuse by the processor’s active employees or temporary contractual agents. This non-negotiable contractual necessity is required under Section 44 IRR. “b. The contract or other legal act shall stipulate, in particular, that the personal information processor shall: … 2. Ensure that an obligation of confidentiality is imposed on persons authorized to process the personal data;” 20-May-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
