This Controller to Controller DPA is essential when two organizations, each acting as independent data controllers, need to share or exchange personal data while operating under Austrian jurisdiction. The document is required to comply with Article 26 of the GDPR and the Austrian Data Protection Act (DSG) when both parties independently determine the purposes and means of processing personal data. It should be used when organizations need to establish clear protocols for data sharing, outline respective responsibilities, ensure compliance with data protection principles, and define security measures. The agreement includes specific provisions required under Austrian law, addresses liability allocation, and incorporates necessary technical and organizational measures for data protection. This document is particularly important for cross-organizational data sharing initiatives where both parties maintain separate control over the processed data.
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1. Parties: Identification of the data controllers, including full legal names, registration details, and contact information
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and Austrian legal terms
4. Scope and Purpose: Detailed description of the data sharing activities and legitimate purposes for processing
5. Roles and Responsibilities: Clear delineation of each party's role as an independent controller and their respective obligations
6. Data Protection Principles: Commitment to GDPR principles and specific measures to ensure compliance
7. Legal Basis for Processing: Identification and documentation of legal bases for data processing and sharing
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised
9. Security Measures: Technical and organizational measures required for data protection
10. Data Breach Notification: Procedures and timeframes for notifying each other of data breaches
11. Liability and Indemnification: Allocation of responsibilities and liabilities between the parties
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
1. International Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards and SCCs
2. Joint Activities: Used when parties engage in any joint processing activities requiring coordination
3. Audit Rights: Optional provisions for mutual auditing of data protection practices
4. Insurance Requirements: Specific insurance obligations for data protection risks
5. Sub-processing: Include if either party may engage sub-processors for the shared data
6. Data Protection Impact Assessments: Required when processing is likely to result in high risk to individuals
7. Language: Required when the agreement needs to be in multiple languages or specify a prevailing language
1. Schedule 1: Categories of Personal Data: Detailed list of personal data categories being shared between the parties
2. Schedule 2: Technical and Organizational Measures: Specific security measures implemented by each party
3. Schedule 3: Data Transfer Mechanisms: Details of transfer mechanisms and safeguards for international transfers
4. Schedule 4: Contact Points: List of key contacts for operational, legal, and data protection matters
5. Schedule 5: Processing Activities: Detailed description of processing activities carried out by each party
6. Appendix A: Standard Contractual Clauses: If required for international transfers, the applicable SCCs
7. Appendix B: Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Insurance
Technology
Telecommunications
Professional Services
Education
Retail
Manufacturing
Public Sector
Research and Development
Pharmaceuticals
Marketing and Advertising
Human Resources Services
Real Estate
Relevant Teams
Legal
Compliance
Data Protection
Information Security
Risk Management
IT
Privacy
Operations
Business Development
Procurement
Vendor Management
Information Governance
Regulatory Affairs
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Privacy Officer
Chief Legal Officer
Chief Compliance Officer
Chief Information Security Officer
Data Governance Manager
Privacy Analyst
Compliance Analyst
Contract Manager
Business Development Manager
Project Manager
IT Security Manager
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