Data Sharing Agreement Controller To Processor

Data Sharing Agreement Controller To Processor Template for Germany

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Key Requirements PROMPT example:

"I need a Data Sharing Agreement Controller To Processor under German law for our cloud-based healthcare software company that will process patient data for multiple German hospitals, including provisions for sub-processors and GDPR compliance, to be effective from March 2025."

Document background

This Data Sharing Agreement Controller To Processor is essential for organizations operating under German jurisdiction that need to outsource personal data processing activities. The document is required whenever a company (controller) engages another organization (processor) to process personal data on its behalf, ensuring compliance with GDPR Article 28 and German Federal Data Protection Act (BDSG) requirements. It includes mandatory provisions for data security, processing limitations, sub-processor engagement, and breach notification procedures. The agreement is particularly crucial in the German context due to the country's strict data protection requirements and regulatory oversight. It helps organizations demonstrate compliance with data protection obligations while maintaining practical business operations and protecting data subjects' rights.

Suggested Sections

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

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

3. Definitions: Definitions of key terms, including those from GDPR and additional contract-specific terms

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

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Processor Obligations: Core obligations of the processor under GDPR Article 28, including processing only on documented instructions

7. Technical and Organizational Measures: Security measures required under GDPR Article 32

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Processor's obligations to assist controller with data subject requests

10. Data Breach Notification: Procedures and timeframes for reporting personal data breaches

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

12. Data Return and Deletion: Obligations regarding data handling upon agreement termination

13. Liability and Indemnification: Allocation of liability and indemnification obligations

14. 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 EEA, including transfer mechanisms and safeguards

2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications) subject to special regulations

3. Business Continuity: Provisions for ensuring continuous data processing operations, needed for critical processing activities

4. Insurance Requirements: Specific insurance obligations, typically included for high-risk processing activities

5. Exit Management: Detailed procedures for transitioning services, recommended for complex processing relationships

6. Force Majeure: Provisions for handling unforeseen circumstances, recommended for long-term agreements

Suggested Schedules

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

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

3. Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications

5. Service Levels: Performance metrics and service levels for processing activities

6. Fee Schedule: Processing fees and payment terms, if applicable

7. Standard Forms: Templates for data breach notifications, audit requests, and other standard communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Technology and Software

Healthcare and Medical Services

Financial Services

E-commerce and Retail

Manufacturing

Professional Services

Education

Telecommunications

Insurance

Human Resources and Recruitment

Marketing and Advertising

Research and Development

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Operations

Procurement

Data Protection

Information Governance

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Privacy Manager

General Counsel

Business Development Manager

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