Data Controller To Data Controller Agreement

Data Controller To Data Controller Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Data Controller to Data Controller Agreement for sharing customer financial data between our UK-based fintech company and a major retail bank, with specific provisions for handling special category data and automated decision-making processes, to be implemented by March 2025."

Document background

The Data Controller to Data Controller Agreement is essential when two organizations need to share personal data while maintaining independent control over their respective data processing activities. This agreement, governed by English and Welsh law, establishes clear protocols for data sharing, ensuring compliance with UK data protection legislation. It should be used whenever organizations plan to regularly share personal data, defining each party's obligations, security requirements, and procedures for handling data subject requests and breaches. The agreement is particularly crucial following Brexit, as it incorporates UK GDPR requirements and ICO guidance.

Suggested Sections

1. Parties: Identification of the data controllers and their registered details

2. Background: Context of the data sharing arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement including GDPR-specific terminology

4. Purpose and Scope: Detailed description of data sharing purposes and limitations

5. Data Protection Principles: Compliance with GDPR principles and lawful bases for processing

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

7. Data Subject Rights: Procedures for handling data subject requests

8. Breach Notification: Procedures for handling and reporting data breaches

9. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. International Transfers: Required when personal data is transferred outside the UK, including appropriate safeguards and transfer mechanisms

2. Special Category Data: Additional safeguards and requirements for processing sensitive personal data under Article 9

3. Joint Controller Provisions: Specific arrangements and responsibilities when parties are acting as joint controllers

Suggested Schedules

1. Schedule 1: Categories of Personal Data: Detailed list of personal data types being shared between the controllers

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

3. Schedule 3: Data Transfer Procedures: Specific procedures for transferring data between parties

4. Schedule 4: Contact Details: Key contacts for operational matters and emergency situations

5. Schedule 5: Sub-processors: List of approved sub-processors and requirements for appointing new ones

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

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UK GDPR: Primary legislation governing data protection in the UK post-Brexit, setting out fundamental principles, rights, and obligations for data processing

Data Protection Act 2018: UK's implementation of data protection laws, complementing and supplementing the UK GDPR with specific national requirements

PECR 2003: Privacy and Electronic Communications Regulations governing electronic communications, including rules on cookies, marketing, and communication privacy

ICO Guidance: Official guidance and codes of practice from the Information Commissioner's Office, providing practical interpretation of data protection requirements

EDPB Guidelines: European Data Protection Board guidelines which, while not binding post-Brexit, remain influential in UK data protection practice

UK Case Law: Relevant judicial decisions from UK courts that interpret and apply data protection legislation

Article 5 Principles: Core data protection principles including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality

Article 6 Processing Bases: Legal bases for processing personal data including consent, contract, legal obligation, vital interests, public task, and legitimate interests

Article 9 Special Categories: Requirements for processing special category data such as health, biometric, racial, or religious information

International Transfers: Rules and requirements for transferring personal data outside the UK, including adequacy decisions and appropriate safeguards

Data Subject Rights: Individual rights including access, rectification, erasure, portability, and objection to processing

Security Requirements: Technical and organizational measures required to ensure appropriate security of personal data

Breach Notifications: Requirements and timeframes for notifying authorities and affected individuals of personal data breaches

Joint Controller Provisions: Specific requirements for situations where two or more controllers jointly determine the purposes and means of processing

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Authors

Alex Denne

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