Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

ADDENDUM PRC v2

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3
At a glance
Powered by AI
The key takeaways are that the addendum clarifies and supplements the original Memorandum of Agreement between PRC and DICT regarding the setup of the Deduplication and Matching Application system. It explicitly states data privacy protection provisions and defines PRC as the Personal Information Controller and DICT as the Personal Information Processor according to the Data Privacy Act of 2012.

The purpose of the addendum is to clarify and supplement certain provisions of the original Memorandum of Agreement between PRC and DICT. It aims to explicitly state the needed data privacy protection provisions in reference to the original MOA.

According to the addendum, PRC is considered the Personal Information Controller while DICT is the Personal Information Processor. The encoding, updating, maintenance, and preservation of the data shall be the responsibility of PRC. DICT shall only provide technical advisory, support and technical requirements under the Agreement.

ADDENDUM TO AN EXISTING

MEMORANDUM OF AGREEMENT

BETWEEN THE PROFESSIONAL REGULATION COMMISSION (PRC) AND THE


DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT)
FOR THE SET-UP, DEVELOPMENT AND EXECUTION OF THE ON-CLOUD
DEDUPLICATION AND MATCHING APPLICATION (DMA) SYSTEM AS
PHASE 1 FOR THE PERSON INFORMATION REGISTRY OF THE
AUTHORITATIVE REGISTRIES & PHILIPPINE GOVERNMENT
COMMON PLATFORM PROJECT (08 June 2017)

KNOW ALL MEN BY THESE PRESENTS:


This document (hereinafter referred to as "Addendum") is made and entered into
this ____ day of _______________ 2020 at ______________________ by and between:

The PROFESSIONAL REGULATION COMMISSION, a national government


GREGORIO B. HONASAN II

agency responsible for the implementation of Republic Act No. 8981, with
office address at P. Paredes, Sampaloc, Manila, represented by its Chairman,
Second Party

TEOFILO S. PILANDO, JR., hereinafter referred to as the “PRC”;

-and-

The DEPARTMENT OF INFORMATION AND COMMUNICATIONS


TECHNOLOGY, (DICT), an executive department of the government created
pursuant to Republic Act No. 10844, with principal address at C.P. Garcia
Avenue, Diliman, Quezon City, represented in this instance by its
SECRETARY, GREGORIO B. HONASAN II., hereinafter referred as the
“DICT”;

PRC and DICT are collectively called “Parties”.


Teofilo S. Pilando, Jr.
First Party

WITNESSETH:

WHEREAS, in June 2017, the Parties through its respective representatives,


entered into a Memorandum of Agreement (MOA) for the conduct of the project entitled
“The Set-up, Development and Execution of the On-Cloud Deduplication and Matching
Application (DMA) System as Phase 1 for The Person Information Registry of the
Authoritative Registries & Philippine Government Common Platform Project, hereinafter
referred to as "Original MOA" and is hereto attached as Annex “A” and made an integral
part of this Addendum;

WHEREAS, this Addendum is in reference to the aforementioned Memorandum of


Agreement by and between the Parties, which clarifies and supplements certain
provisions of the Original MOA;

WHEREAS, this Addendum is governed by Republic Act No. 10173 - “An Act
Protecting Individual Personal Information in Information and Communications Systems
in the Government And The Private Sector, Creating For This Purpose a National Privacy
Commission, and for Other Purposes”, otherwise known as the “Data Privacy Act of
2012” (DPA), as well as the Implementing Rules and Regulations (IRR) and its issuances
by the National Privacy Commission (NPC);
WHEREAS, the PRC is considered as Personal Information Controller (PIC)
while DICT as Personal Information Processor (PIP) as defined by the DPA;

WHEREAS, the DPA defines PIP as “any natural or juridical person qualified to act
as such under this Act to whom a personal information controller may outsource the
processing of personal data pertaining to a data subject”;

WHEREAS, an Addendum is required and approved to explicitly state the needed


data privacy protection provisions;

WHEREAS, that DICT and PRC has agreed to have a Data Sharing Agreement
(DSA), referred to as “Annex B” of this Addendum, in the implementation of this MOA;

WHEREAS, the DICT will not have any access to any PRC personal data or
information that is not mentioned in the DSA and as sanctioned by the Republic Act No.
10173, otherwise known as Data Privacy Act (DPA) of 2012, EXCEPT when the nature of
the DICT’s role, legal mandate, duties, and responsibilities necessitate such access. The
DICT will only provide the technical advisory, support and technical requirements under
the Agreement.
GREGORIO B. HONASAN II

NOW, THEREFORE, for and in consideration of the foregoing premises and the
Second Party

joint covenants, stipulations and agreements, the Parties have mutually agreed that the
Original MOA enhanched as follows:

1. As to the Governing Law: The Parties shall comply with the relevant provisions
of the Personal Data Privacy Act of 2012, and respectively implement other
appropriate security measures consisting of reasonable and appropriate
organizational, physical and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration
and disclosure, including unauthorized access or use, as well as against any
other unlawful processing;

2. All personnel who will have access to PRC confidential data must sign the Non-
Disclosure Agreements (NDA), as attached additional Annexes, before any
form of access may be granted;

3. The DICT shall ensure that it has no access to the PRC data. The encoding,
updating, maintenance, and preservation of the data shall be the responsibility
of the PRC, subject to compliance with the Data Privacy Act of 2012;

4. Both parties undertake to comply with the provisions of the Data Privacy Act of
2012, its Implementing Rules and Regulations, and the pertinent Memorandum
Circulars of the National Privacy Commission; and
Teofilo S. Pilando, Jr.

5. Aside from the foregoing clarifications, all other terms and conditions under the
First Party

Original MOA shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Addendum to the Original
MOA as of the date and year set forth below.
PROFESSIONAL REGULATING DEPARTMENT OF INFORMATION AND
COMMISSION COMMUNICATIONS TECHNOLOGY

BY: BY:

TEOFILO S. PILANDO, JR. GREGORIO B. HONASAN II


Chairman Secretary
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


____________________________)

BEFORE ME, a Notary Public, this ____day of _________2020 at the


_______________, Philippines personally appeared the following:

NAME DETAILS OF ID PRESENTED


TEOFILO S. PILANDO, JR.
GREGORIO B. HONASAN II

GREGORIO B. HONASAN II
Second Party

who have satisfactorily proven to me their identity through their identification indicated
opposite their names, that they are the same persons who have executed and voluntarily
signed the foregoing Addendum, which they acknowledged before me as their free and
voluntary act and deed, that they are acting as the representative/attorney-in-fact of their
respective principal, and that they have authority to sign in such capacity.

The foregoing Addendum consisting of four (4) pages, including the page on which
acknowledgement is written has been signed on each and every page thereof by the
parties and their instrumental witnesses, with my notarial seal.
FORTUNATO T. DE LA PEÑA

WITNESS MY HAND this _____day of __________, 2020 at the __________,


Philippines.
First Party

Doc. No. ______


Page No.______
Book No.______
Series of 2020.

You might also like