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Data Protection Addendum Template for Germany

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Key Requirements PROMPT example:

Data Protection Addendum

"I need a Data Protection Addendum under German law for our cloud software provider based in the US, who will process customer data starting March 2025, including provisions for international data transfers and specific security requirements for cloud services."

Document background
The Data Protection Addendum is a crucial legal document required whenever a company (data controller) engages another party (data processor) to process personal data on its behalf under German jurisdiction. This document supplements the main service agreement between parties and ensures compliance with both the EU GDPR and German Federal Data Protection Act (BDSG). It becomes necessary when engaging service providers, cloud services, or any third party handling personal data, and must be in place before any data processing begins. The addendum includes detailed provisions on data security, breach notification, audit rights, and technical measures specific to German legal requirements, making it essential for any business relationship involving personal data processing in or from Germany.
Suggested Sections

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

2. Background: Context of the relationship between parties and purpose of the DPA, referring to the main agreement it supplements

3. Definitions: Key terms used in the DPA, including those from GDPR, BDSG, and agreement-specific terminology

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

5. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing, instructions to processor, and oversight duties

6. Obligations of the Data Processor: Processor's core obligations under GDPR Art. 28 and BDSG, including processing only on documented instructions

7. Technical and Organizational Measures: Required security measures to ensure appropriate level of data protection

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

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

10. Personal Data Breach: Breach notification requirements and response procedures

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

12. Term and Termination: Duration of the DPA and obligations upon termination, including data deletion or return

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 will be transferred outside the EU/EEA, incorporating SCCs or other transfer mechanisms

2. Special Categories of Personal Data: Additional safeguards when processing special categories of personal data under Art. 9 GDPR

3. Data Protection Impact Assessment: Specific obligations regarding DPIAs when processing is likely to result in high risk

4. Processor's Data Protection Officer: Details of DPO appointment when required under GDPR Art. 37

5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications)

6. Joint Controller Arrangements: Required when the relationship includes joint controller scenarios under GDPR Art. 26

7. Insurance Requirements: Specific insurance obligations for data protection-related incidents

Suggested Schedules

1. Description of Processing Activities: Detailed matrix of processing activities, including purposes, categories of data and data subjects

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

3. Approved Sub-processors: List of authorized sub-processors and their processing activities

4. Standard Contractual Clauses: If applicable, the complete SCCs for international data transfers

5. Security Breach Response Plan: Detailed procedures and contact information for breach response

6. Data Deletion and Return Protocol: Specific procedures for data handling upon contract termination

7. Audit Procedures: Detailed procedures and requirements for conducting compliance audits

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

Technology and Software

Healthcare and Medical Services

Financial Services

E-commerce and Retail

Manufacturing

Professional Services

Education

Telecommunications

Insurance

Transportation and Logistics

Public Sector

Media and Entertainment

Relevant Teams

Legal

Privacy

Information Security

Compliance

Procurement

Information Technology

Risk Management

Operations

Vendor Management

Data Governance

Information Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

IT Security Manager

Risk Manager

Procurement Manager

Contract Manager

Information Governance Manager

Operations Director

Chief Technology Officer

Chief Legal Officer

Privacy Analyst

Vendor Management 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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