This Data Sharing Agreement Controller To Processor is essential for organizations operating under German jurisdiction that need to outsource personal data processing activities. The document is required whenever a company (controller) engages another organization (processor) to process personal data on its behalf, ensuring compliance with GDPR Article 28 and German Federal Data Protection Act (BDSG) requirements. It includes mandatory provisions for data security, processing limitations, sub-processor engagement, and breach notification procedures. The agreement is particularly crucial in the German context due to the country's strict data protection requirements and regulatory oversight. It helps organizations demonstrate compliance with data protection obligations while maintaining practical business operations and protecting data subjects' rights.
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1. Parties: Identification of the controller and processor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement
3. Definitions: Definitions of key terms, including those from GDPR and additional contract-specific terms
4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Processor Obligations: Core obligations of the processor under GDPR Article 28, including processing only on documented instructions
7. Technical and Organizational Measures: Security measures required under GDPR Article 32
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Processor's obligations to assist controller with data subject requests
10. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
11. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
12. Data Return and Deletion: Obligations regarding data handling upon agreement termination
13. Liability and Indemnification: Allocation of liability and indemnification obligations
14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards
2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications) subject to special regulations
3. Business Continuity: Provisions for ensuring continuous data processing operations, needed for critical processing activities
4. Insurance Requirements: Specific insurance obligations, typically included for high-risk processing activities
5. Exit Management: Detailed procedures for transitioning services, recommended for complex processing relationships
6. Force Majeure: Provisions for handling unforeseen circumstances, recommended for long-term agreements
1. Description of Processing: Detailed description of processing activities, including data categories, subjects, and purposes
2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications
5. Service Levels: Performance metrics and service levels for processing activities
6. Fee Schedule: Processing fees and payment terms, if applicable
7. Standard Forms: Ƶ for data breach notifications, audit requests, and other standard communications
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