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Commissioned Data Processing Agreement Template for Germany

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Key Requirements PROMPT example:

Commissioned Data Processing Agreement

"I need a Commissioned Data Processing Agreement under German law for our cloud-based healthcare software company (based in Munich) that will be processing patient data on behalf of multiple German hospitals, with some data being processed through our servers in Ireland, to be effective from March 1, 2025."

Document background
The Commissioned Data Processing Agreement is a mandatory legal document required under Article 28 of the GDPR and German data protection law whenever a company (controller) engages another party (processor) to process personal data on its behalf. This agreement is essential for ensuring GDPR compliance and establishing clear responsibilities and obligations between parties. It must be in place before any data processing begins and should detail the scope, purpose, and type of data processing, security measures, confidentiality obligations, and procedures for handling data subject requests. The agreement is particularly crucial in the German legal context, where data protection requirements are typically more stringent than the EU baseline, and local supervisory authorities maintain strict oversight of data processing activities.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement

3. Definitions: Definitions of key terms used in the agreement, including terms from GDPR Article 4 and other relevant terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and purposes of processing

5. Duration of Processing: Term of the processing activities and conditions for termination

6. Obligations of the Processor: Processor's duties under GDPR Article 28, including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements

7. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring lawful basis for processing

8. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process and obligations

9. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Data Breach Notification: Procedures and timeframes for notifying controller of any personal data breaches

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Return or Deletion of Data: Obligations regarding personal data upon termination of services

14. Liability and Indemnification: Allocation of liability between parties and indemnification provisions

15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards

2. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR

3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to rights and freedoms of natural persons

4. Joint Controllers: Required when there are multiple controllers determining the purposes and means of processing

5. Insurance Requirements: Optional section specifying required insurance coverage for data protection-related incidents

6. Force Majeure: Optional section addressing circumstances beyond parties' control affecting processing activities

Suggested Schedules

1. Schedule 1: Details of Processing: Detailed description of processing activities, including categories of data subjects, types of personal data, purposes, and duration

2. Schedule 2: Technical and Organizational Measures: Detailed description of security measures implemented by the processor

3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4: Transfer Mechanisms: Details of mechanisms used for international data transfers (if applicable)

5. Schedule 5: Contact Points and Procedures: Contact details for data protection matters and procedures for communications

6. Appendix A: Standard Contractual Clauses: EU Standard Contractual Clauses if required for international transfers

7. Appendix B: Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Information Technology

Cloud Services

Healthcare

Financial Services

E-commerce

Manufacturing

Professional Services

Telecommunications

Education

Insurance

Marketing and Advertising

Research and Development

Retail

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Data Protection

Information Governance

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Chief Privacy Officer

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Project Manager

Commercial Director

Chief Legal Officer

Industries





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