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Data Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement for transferring customer health records from our German medical practice to our cloud service provider in Ireland, with implementation planned for March 2025, ensuring GDPR compliance and including specific provisions for sensitive medical data."

Document background
A Data Transfer Agreement is essential when organizations need to share personal data while maintaining compliance with German and EU data protection laws. This document is particularly crucial in scenarios where personal data is transferred between separate legal entities, whether within Germany, the EU, or internationally. The agreement must comply with the German Federal Data Protection Act (BDSG) and the GDPR, making it suitable for organizations subject to German jurisdiction. It typically includes comprehensive details about the nature of data transfer, security measures, parties' obligations, and mechanisms for ensuring data protection compliance. This type of agreement is frequently used in business partnerships, outsourcing arrangements, and group company data sharing, where structured data protection measures are required by law.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and authorized representatives

2. Background: Context of the data transfer relationship and purpose of the agreement

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

4. Subject Matter and Details of Transfer: Description of the categories of data being transferred, purposes, and processing operations

5. Obligations of Data Exporter: Responsibilities of the party sending the data, including ensuring legal basis for transfer and data accuracy

6. Obligations of Data Importer: Responsibilities of the receiving party, including processing limitations, security measures, and confidentiality

7. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are respected

8. Security Measures: Technical and organizational measures required to protect the transferred data

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

10. Audit Rights: Rights and procedures for conducting audits and inspections

11. Duration and Termination: Term of the agreement, termination conditions, and data handling upon termination

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

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

Optional Sections

1. International Transfer Mechanisms: Required when transfers are to countries outside EU/EEA, including SCCs or other transfer mechanisms

2. Sub-processing: Include when the data importer may engage sub-processors, specifying authorization requirements and obligations

3. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards

4. Joint Controller Provisions: Include when parties are acting as joint controllers rather than controller-processor

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

6. Insurance Requirements: Specific insurance obligations for high-risk data transfers

7. Business Continuity: Required for critical data transfers, specifying backup and recovery requirements

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities, if applicable

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

5. Schedule 5 - Contact Points and Procedures: Key contacts and procedures for operational matters and emergencies

6. Appendix A - Standard Contractual Clauses: EU SCCs if required for international transfers

7. Appendix B - Data Protection Impact Assessment: DPIA results if required for high-risk processing

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

Relevant legal definitions
































Clauses

























Relevant Industries

Technology & Software

Healthcare & Medical

Financial Services

Professional Services

Manufacturing

Retail & E-commerce

Telecommunications

Education

Insurance

Research & Development

Pharmaceutical

Consulting

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Information Technology

Risk Management

Privacy

Procurement

Operations

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Manager

Data Protection Specialist

Contract Manager

Risk Manager

Chief Legal Officer

Data Governance Manager

International Data Transfer Specialist

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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