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Controller To Controller Agreement GDPR Template for Germany

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Key Requirements PROMPT example:

Controller To Controller Agreement GDPR

"I need a Controller to Controller Agreement GDPR for data sharing between our German healthcare technology company and a UK-based research institution, with specific provisions for handling sensitive medical data and cross-border transfers starting March 2025."

Document background
The Controller To Controller Agreement GDPR is essential when two organizations, acting as independent data controllers, need to share personal data while ensuring compliance with both EU GDPR and German data protection laws. This agreement becomes necessary when organizations need to exchange personal data for business purposes, joint ventures, service delivery, or other collaborative activities. It provides a comprehensive framework covering data protection responsibilities, security measures, breach notifications, and data subject rights handling. The agreement must comply with German federal and state data protection laws while adhering to GDPR principles. It's particularly crucial for organizations operating in Germany or processing German residents' data, as it incorporates specific national requirements alongside EU-wide obligations.
Suggested Sections

1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and company details

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

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Purpose and Scope: Detailed description of the purpose of data sharing and the categories of personal data involved

5. Roles and Responsibilities: Clear delineation of each controller's role and responsibilities in the data sharing arrangement

6. Legal Basis for Processing: Specification of the legal grounds under GDPR for the data processing and sharing activities

7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with GDPR rights

8. Security Measures: Required technical and organizational measures for data protection

9. Data Breach Notification: Procedures and timelines for notifying each other and authorities of data breaches

10. Confidentiality: Obligations regarding confidentiality of shared personal data

11. Term and Termination: Duration of the agreement and conditions for termination

12. Liability and Indemnification: Allocation of liability and indemnification obligations between the parties

13. 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 may be transferred outside the EEA, including safeguards and transfer mechanisms

2. Sub-processing: Include when either controller may engage sub-processors for the shared data

3. Audit Rights: Optional provisions for mutual auditing rights to ensure compliance

4. Insurance Requirements: Specific insurance obligations for data protection risks

5. Data Protection Impact Assessment: Include when high-risk processing requires coordinated impact assessments

6. Joint Controller Provisions: Required if any aspects of the processing involve joint controller responsibilities

7. Costs and Fees: Include when there are specific cost allocations for the data sharing arrangement

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being shared

2. Schedule 2 - Processing Activities: Specific details of how each controller will process the shared data

3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by each controller

4. Schedule 4 - Contact Points: List of key contacts for operational matters, data breaches, and data subject requests

5. Schedule 5 - Data Transfer Procedures: Technical specifications for how data will be transferred between controllers

6. Appendix A - Standard Forms: Template forms for data breach notifications, data subject requests, and other standard communications

7. Appendix B - Sub-processor List: If applicable, current list of approved sub-processors

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

Relevant legal definitions










































Clauses






























Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Insurance

Telecommunications

Professional Services

Education

Manufacturing

Retail

Marketing and Advertising

Research and Development

Transportation and Logistics

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Risk Management

Operations

Information Technology

Privacy

Corporate Governance

Business Development

Procurement

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Security Officer

Privacy Manager

Contract Manager

Business Development Manager

Operations Director

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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