ADDENDUM PRC v2
ADDENDUM PRC v2
ADDENDUM PRC v2
MEMORANDUM OF AGREEMENT
agency responsible for the implementation of Republic Act No. 8981, with
office address at P. Paredes, Sampaloc, Manila, represented by its Chairman,
Second Party
-and-
WITNESSETH:
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, 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:
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