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Designated Representative Form for Germany

Designated Representative Form Template for Germany

This document establishes the formal appointment of a designated representative in Germany for non-EU organizations processing personal data of EU residents, as required under Article 27 of GDPR. The form, governed by German law, outlines the representative's responsibilities including acting as a point of contact for supervisory authorities and data subjects, maintaining processing records, and ensuring compliance communications. It includes detailed provisions for the scope of representation, liability arrangements, and communication protocols, all structured to meet both GDPR requirements and German legal standards.

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Designated Representative Form

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What is a Designated Representative Form?

The Designated Representative Form is a crucial compliance document required for non-EU organizations that process personal data of EU residents under Article 27 of GDPR. This document, governed by German law, becomes necessary when a company outside the EU needs to establish a formal presence in the EU for data protection compliance purposes. It typically includes detailed sections covering the appointment, responsibilities, and operational procedures for the designated representative. The form is particularly important as it helps organizations avoid potential GDPR violations and ensures proper communication channels with EU data protection authorities and data subjects. The document must comply with both GDPR requirements and German legal standards, making it essential for international business operations involving EU personal data processing.

What sections should be included in a Designated Representative Form?

1. Parties: Identification of the non-EU entity (the controller/processor) and the designated representative in Germany

2. Background: Context of the appointment and explanation of GDPR Article 27 requirements

3. Definitions: Key terms used in the agreement including 'Personal Data', 'Processing', 'Supervisory Authority', etc.

4. Appointment and Scope: Formal appointment of the representative and scope of representation

5. Duration: Term of the representation agreement

6. Representative's Obligations: Core duties including maintaining records, communicating with supervisory authorities and data subjects

7. Controller's/Processor's Obligations: Obligations of the appointing entity including information provision and cooperation

8. Communication Procedures: Protocols for communication between parties and with authorities

9. Liability and Indemnification: Distribution of liability and indemnification obligations

10. Termination: Conditions and procedures for ending the representation

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

12. Signatures: Execution blocks for both parties

What sections are optional to include in a Designated Representative Form?

1. Sub-delegation: Include when the representative may need to delegate some functions to other entities

2. Insurance Requirements: Include when specific insurance coverage is required for the representation

3. Data Processing Activities: Include when the representative will be involved in actual data processing

4. Multiple Territory Coverage: Include when the representative will cover multiple EU territories

5. Fees and Expenses: Include when there is a commercial arrangement for the representation services

6. Service Level Agreement: Include when specific response times or service levels are required

What schedules should be included in a Designated Representative Form?

1. Schedule 1 - Processing Activities: Detailed description of the controller's/processor's data processing activities

2. Schedule 2 - Contact Details: Comprehensive contact information for both parties and key personnel

3. Schedule 3 - Fee Schedule: If applicable, breakdown of fees and payment terms

4. Appendix A - Power of Attorney: Formal power of attorney document if required under German law

5. Appendix B - Response Procedures: Detailed procedures for handling authority and data subject requests

6. Appendix C - Required Documentation: List of documents and records to be maintained by the representative

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Authorization Form

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Technology

E-commerce

Healthcare

Financial Services

Manufacturing

Professional Services

Retail

Telecommunications

Digital Marketing

Software Development

Cloud Services

Education

Online Gaming

International Trade

Relevant Teams

Legal

Compliance

Data Protection

Privacy

Risk Management

International Operations

Corporate Governance

Regulatory Affairs

Information Security

Business Development

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Chief Information Security Officer

International Business Development Manager

EU Representative

Corporate Secretary

Risk Manager

General Counsel

Privacy Manager

International Operations Director

Regulatory Compliance Officer

Data Protection Consultant

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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