A Third Party Processing Agreement is essential whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document, governed by German law, ensures compliance with Article 28 of the GDPR and the German Federal Data Protection Act (BDSG). It establishes the processor's obligations regarding data security, confidentiality, and processing limitations, while defining the controller's rights and oversight capabilities. The agreement is mandatory under EU data protection law and must be in place before any processing begins. It includes specific provisions for technical and organizational measures, data breach notifications, audit rights, and sub-processor engagement, tailored to meet both EU and German legal requirements.
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1. Parties: Identification of the controller (data owner) and processor (service provider), including full legal names and addresses
2. Background: Context of the processing relationship and brief description of services to be provided
3. Definitions: Key terms used in the agreement, including those from GDPR Article 4 and additional contract-specific terms
4. Subject Matter and Duration: Scope of processing, types of data involved, and duration of the agreement
5. Nature and Purpose of Processing: Detailed description of processing activities and their intended purposes
6. Processor Obligations: Core obligations of the processor including processing only on documented instructions, confidentiality, security measures, and assistance obligations
7. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process
8. Technical and Organizational Measures: Security measures to ensure appropriate level of data protection
9. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests
10. Data Breach Notification: Procedures and timeframes for notifying controller of any personal data breaches
11. Audit Rights: Controller's rights to audit and processor's obligations to contribute to audits
12. Data Return and Deletion: Obligations regarding data handling upon termination of services
13. Liability and Indemnification: Allocation of responsibility and liability between parties
14. Term and Termination: Duration of agreement, termination conditions and consequences
15. 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 EU/EEA, incorporating Standard Contractual Clauses
2. Industry-Specific Compliance: Added when processing involves regulated industries (e.g., healthcare, financial services)
3. Special Categories of Data: Required when processing sensitive personal data under Article 9 GDPR
4. Business Continuity: Details of business continuity and disaster recovery requirements for critical processing activities
5. Insurance Requirements: Specific insurance obligations for high-risk or high-value processing activities
6. Exit Management: Detailed procedures for transition of services upon termination, required for complex processing relationships
1. Description of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes
2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Standard Contractual Clauses: EU Standard Contractual Clauses for international data transfers if applicable
5. Service Level Agreement: Performance metrics and service levels for processing activities
6. Contact Details and Escalation Procedure: Key contacts and procedures for operational matters and emergencies
7. Fee Schedule: Pricing and payment terms for processing services if not covered in a separate agreement
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