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Data Controller To Data Controller Agreement
"I need a Data Controller to Controller Agreement under German law for my fintech company to share customer payment data with a credit scoring agency, with specific provisions for automated decision-making and profiling, to be implemented by March 2025."
1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and registration details
2. Background: Context of the data sharing arrangement and brief description of the processing activities
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology and agreement-specific terms
4. Scope and Purpose: Detailed description of the data sharing activities, purposes of processing, and categories of data subjects and personal data
5. Roles and Responsibilities: Clear delineation of each controller's responsibilities and obligations under GDPR
6. Lawful Basis for Processing: Specification of the legal grounds under GDPR Article 6 for the processing activities
7. Data Protection Principles: Commitment to comply with GDPR principles and German data protection requirements
8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
9. Security Measures: Overview of technical and organizational measures required for data protection
10. Personal Data Breaches: Procedures for notification and handling of data breaches
11. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
14. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. International Transfers: Required when personal data will be transferred outside the EU/EEA, including appropriate safeguards and transfer mechanisms
2. Joint Controller Arrangements: Required when the parties are acting as joint controllers under Article 26 GDPR
3. Audit Rights: Optional section detailing audit procedures and rights between controllers
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection
5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to rights and freedoms of natural persons
6. Sub-processing: Required when either controller may engage sub-processors for the processing activities
1. Schedule 1 - Details of Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by both controllers
3. Schedule 3 - Contact Details and Responsible Persons: List of key contacts, including Data Protection Officers and responsible personnel
4. Schedule 4 - Standard Operating Procedures: Procedures for routine data sharing activities and handling of specific situations
5. Appendix A - Data Transfer Impact Assessment: Required for international transfers, documenting the assessment of recipient country adequacy
6. Appendix B - Sub-processor List: If applicable, list of approved sub-processors and their processing activities
Authors
Financial Services
Healthcare
Insurance
Technology
E-commerce
Professional Services
Education
Telecommunications
Manufacturing
Research and Development
Consulting
Real Estate
Human Resources Services
Marketing Services
Legal
Compliance
Information Security
Data Protection
Risk Management
Information Technology
Privacy
Data Governance
Operations
Information Management
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Information Security Officer
Privacy Manager
Data Protection Specialist
Chief Legal Officer
Contract Manager
Chief Technology Officer
Chief Information Officer
Privacy Counsel
Data Governance Manager
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