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Data Controller To Data Controller Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
A Data Controller To Data Controller Agreement is essential when two organizations need to share personal data while each maintaining independent control over the processing of that data. This agreement is specifically designed for use under German law, incorporating requirements from both the GDPR and German federal data protection legislation (BDSG). It should be used whenever two organizations plan to regularly share personal data, need to clarify their respective responsibilities, or establish clear protocols for data protection compliance. The agreement covers crucial aspects such as the purpose and scope of data sharing, security measures, breach notification procedures, and the handling of data subject rights. It's particularly important in the German context due to the strict data protection regime and specific national requirements that supplement the GDPR.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Insurance

Technology

E-commerce

Professional Services

Education

Telecommunications

Manufacturing

Research and Development

Consulting

Real Estate

Human Resources Services

Marketing Services

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Privacy

Data Governance

Operations

Information Management

Relevant Roles

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

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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