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Data Outsourcing Agreement

Data Outsourcing Agreement Template for Germany

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Key Requirements PROMPT example:

Data Outsourcing Agreement

"I need a Data Outsourcing Agreement for my healthcare software company to engage a cloud service provider who will process patient data in Germany, with strict security measures and GDPR compliance requirements."

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Document background
The Data Outsourcing Agreement is essential for organizations operating under German jurisdiction that wish to engage external parties for data processing activities. This document is particularly critical in the context of increasing data protection regulations and the need for clear allocation of responsibilities between parties. The agreement must comply with the strict requirements of both the German Federal Data Protection Act (BDSG) and the GDPR, making it suitable for organizations that process personal data through third-party service providers. It is commonly used when companies outsource their data processing operations, cloud services, IT infrastructure management, or any services involving the handling of personal or sensitive data. The document includes detailed provisions for data security, processing limitations, breach notifications, and audit rights, while ensuring alignment with German legal requirements and data protection standards.
Suggested Sections

1. Parties: Identification of the data controller (client) and data processor (service provider), including full legal names and addresses

2. Background: Context of the agreement, nature of the business relationship, and purpose of data processing

3. Definitions: Key terms used in the agreement, including technical terms and those defined by GDPR and BDSG

4. Scope of Services: Detailed description of data processing services to be provided

5. Data Protection Obligations: Core GDPR and BDSG compliance requirements, including data processing principles and obligations

6. Technical and Organizational Measures: Security measures required for data protection and processing

7. Sub-processors: Rules and procedures for engaging sub-processors

8. Audit Rights: Client's rights to audit the service provider's compliance

9. Data Breach Notification: Procedures for handling and reporting data breaches

10. Confidentiality: Confidentiality obligations regarding processed data and business information

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Term and Termination: Duration of agreement and termination provisions

13. Return or Deletion of Data: Obligations regarding data handling upon contract termination

14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

15. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments

Optional Sections

1. International Data Transfers: Required if data will be transferred outside the EU/EEA

2. Industry-Specific Compliance: Additional requirements for regulated industries (e.g., healthcare, financial services)

3. Business Continuity: Disaster recovery and business continuity requirements for critical services

4. Service Levels: Specific performance metrics and service level agreements

5. Insurance Requirements: Specific insurance coverage requirements for high-risk processing

6. Joint Controller Provisions: Required if parties act as joint controllers under GDPR

7. Exit Management: Detailed transition provisions for complex service arrangements

Suggested Schedules

1. Schedule 1 - Processing Details: Detailed description of data processing activities, categories of data, and purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the processor

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

4. Schedule 4 - Service Level Agreement: Detailed service levels and performance metrics

5. Schedule 5 - Fee Schedule: Pricing and payment terms for services

6. Schedule 6 - Standard Contractual Clauses: EU SCCs for international data transfers if applicable

7. Appendix 1 - Data Breach Response Plan: Detailed procedures for handling data breaches

8. Appendix 2 - Audit Requirements: Specific procedures and requirements for compliance audits

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses



































Relevant Industries

Information Technology

Healthcare

Financial Services

Insurance

E-commerce

Manufacturing

Telecommunications

Professional Services

Education

Public Sector

Retail

Logistics

Pharmaceuticals

Energy

Consulting

Relevant Teams

Legal

Information Technology

Compliance

Data Protection

Information Security

Procurement

Risk Management

Operations

Vendor Management

Privacy

Corporate Governance

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Procurement Manager

Information Security Manager

Operations Director

Chief Technology Officer

Contract Manager

Chief Privacy Officer

IT Security Manager

Vendor Manager

Chief Legal Officer

Chief 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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