The Controller to Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Germany. This document is particularly crucial for businesses engaged in collaborative projects, shared services, or joint ventures where personal data processing is involved. It must comply with both the GDPR and the German Federal Data Protection Act (BDSG), addressing specific German regulatory requirements and enforcement practices. The agreement outlines each party's obligations regarding data subject rights, transparency requirements, and security measures, while establishing clear lines of responsibility and liability allocation. It's particularly important in the German context due to the strict regulatory environment and the active role of German data protection authorities in enforcement.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of data processing activities
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Detailed description of joint processing activities and purposes
5. Roles and Responsibilities: Specific obligations of each controller and allocation of responsibilities
6. Data Protection Principles: Commitment to GDPR principles and lawful bases for processing
7. Transparency Obligations: Requirements for informing data subjects about joint processing
8. Data Subject Rights: Procedures for handling data subject requests and designated contact points
9. Security Measures: Technical and organizational measures for data protection
10. Personal Data Breaches: Procedures for breach notification and cooperation
11. Liability and Indemnification: Distribution of liability between controllers and indemnification provisions
12. Term and Termination: Duration of agreement and termination conditions
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
14. General Provisions: Standard contractual clauses including severability and entire agreement
1. International Transfers: Required when personal data will be transferred outside the EEA
2. Supervisory Authority Communication: Include when specific arrangements for DPA communications are needed
3. Sub-processing: Include when either controller may engage sub-processors
4. Insurance Requirements: Include when specific insurance coverage needs to be maintained
5. Audit Rights: Include when parties want specific audit provisions beyond statutory requirements
6. Cost Allocation: Include when there are specific cost-sharing arrangements for joint activities
1. Schedule 1 - Processing Activities: Detailed description of data processing activities, categories of data and data subjects
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both parties
3. Schedule 3 - Contact Details: Key contacts for operational matters, data protection officers, and data subject requests
4. Schedule 4 - Standard Information Provision: Template for information to be provided to data subjects
5. Appendix A - Data Flow Diagram: Visual representation of data flows between controllers
6. Appendix B - Incident Response Plan: Detailed procedures for handling data breaches
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