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1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing activities and relationship between the parties
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Definition of the joint processing activities covered by the agreement
5. Roles and Responsibilities: Division of data protection responsibilities between the joint controllers
6. Data Subject Rights: Procedures for handling data subject requests and designated contact points
7. Transparency: Requirements for informing data subjects about the arrangement between controllers
8. Security Measures: Technical and organizational measures required for data protection
9. Data Breach Notification: Procedures for handling and reporting personal data breaches
10. Cooperation with Supervisory Authorities: Process for responding to regulatory inquiries and investigations
11. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions
12. Term and Termination: Duration of the agreement and termination provisions
13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction
1. International Data Transfers: Required when personal data is transferred outside the EEA
2. Sub-processing: Include when either controller may engage sub-processors
3. Industry-Specific Compliance: Required for regulated industries like healthcare or finance
4. Joint Marketing Activities: Include when controllers collaborate on marketing initiatives
5. Audit Rights: Optional provisions for mutual auditing of compliance
6. Insurance Requirements: Specific insurance obligations for high-risk processing
7. Cost Allocation: Include when there are shared costs for compliance measures
8. Data Retention: Specific retention periods and deletion procedures if not covered in main sections
1. Schedule 1 - Processing Activities: Detailed description of joint processing activities, including categories of data and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by each controller
3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
4. Schedule 4 - Data Breach Response Plan: Detailed protocol for responding to data breaches
5. Schedule 5 - Contact Points: List of key contacts for each controller for various purposes
6. Appendix A - Standard Forms: Ƶ for data subject requests, breach notifications, and other standard communications
7. Appendix B - Information Notice: Template for informing data subjects about the joint controller arrangement
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