Controller To Controller DPA

Controller To Controller DPA Template for Denmark

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Document background

This Controller to Controller DPA is essential when two organizations, each acting as independent data controllers under GDPR, need to share personal data in Denmark or across the EU. The document is specifically designed to comply with Danish data protection law and GDPR requirements, providing a robust framework for data sharing arrangements. It should be used whenever organizations need to establish clear protocols for sharing personal data while maintaining their independent controller status. The agreement covers crucial aspects such as security measures, data subject rights, breach notification procedures, and compliance responsibilities, ensuring both parties understand and can meet their obligations under Danish and EU data protection law. This document is particularly important for organizations that regularly exchange personal data as part of their business operations or collaborative projects.

Suggested Sections

1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and contact details

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

3. Definitions: Key terms used in the agreement, aligned with GDPR definitions and any additional specific terms

4. Scope and Purpose: Detailed description of the data sharing activities and their legitimate purposes

5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities

6. Categories of Data and Data Subjects: Specification of personal data types being shared and categories of data subjects

7. Legal Basis for Processing: Identification of the legal grounds under GDPR for the data sharing

8. Data Protection Principles: Commitment to GDPR principles and how they will be upheld

9. Security Measures: Technical and organizational measures for data protection

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

11. Personal Data Breaches: Notification requirements and procedures for handling data breaches

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. International Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards

2. Special Categories of Data: Additional provisions when processing special categories of personal data under Article 9 GDPR

3. Sub-processing: Terms governing the use of sub-processors by either controller

4. Joint Processing Activities: Required when controllers jointly determine purposes and means of specific processing activities

5. Liability and Indemnification: Detailed provisions on allocation of liability between controllers

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Audit Rights: Provisions for mutual auditing of data protection compliance

Suggested Schedules

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

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

3. Schedule 3 - Contact Points and Escalation Procedure: Key contacts and procedures for operational matters and emergencies

4. Schedule 4 - Data Transfer Mechanisms: Details of transfer mechanisms where international transfers occur

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Standard Forms: Template forms for data subject requests, breach notifications, and other standard communications

7. Appendix B - Compliance Checklist: Checklist for ongoing compliance monitoring and documentation

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