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Data Sharing Agreement Controller To Processor
"I need a Data Sharing Agreement Controller To Processor for my Swiss pharmaceutical company to engage a cloud service provider in Germany for clinical trial data processing, with the agreement to start in March 2025 and include provisions for GDPR compliance alongside Swiss law requirements."
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 activities
3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined by applicable data protection laws
4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and purposes for which the data will be processed
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Obligations of the Controller: Controller's responsibilities, including providing lawful instructions and ensuring legal basis for processing
7. Obligations of the Processor: Processor's duties including processing only on documented instructions, ensuring confidentiality, and implementing security measures
8. Security Measures: Technical and organizational measures required to protect personal data
9. Sub-processing: Conditions and requirements for engaging sub-processors, including notification and approval processes
10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations
11. Personal Data Breach: Notification requirements and procedures in case of data breaches
12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
13. Data Return and Deletion: Obligations regarding data return or deletion upon agreement termination
14. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside Switzerland, specifying transfer mechanisms and safeguards
2. Special Categories of Data: Required when processing sensitive personal data, specifying additional safeguards and requirements
3. Insurance Requirements: Specific insurance obligations for either party, typically included for high-risk processing activities
4. Business Continuity: Required for critical processing activities, specifying disaster recovery and business continuity requirements
5. Joint Controllers: Required when there are multiple controllers involved in determining processing purposes
6. Data Protection Impact Assessment: Required for high-risk processing activities, outlining DPIA requirements and cooperation
7. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)
1. Schedule 1 - Processing Details: Detailed description of processing activities, including data categories, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for any cross-border data transfers
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Schedule 6 - Data Return/Deletion Procedures: Specific procedures for returning or deleting data
7. Schedule 7 - Audit Procedures: Detailed procedures for conducting compliance audits
8. Appendix A - Contact Details: Key contacts for both parties including DPO details if applicable
9. Appendix B - Standard Forms: Templates for routine communications such as sub-processor notifications or breach reports
Authors
Applicable Data Protection Laws
Authorized Personnel
Confidential Information
Controller
Cross-border Transfer
Data Subject
Data Subject Rights
EEA
FADP/LPD
GDPR
Information Security Incident
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Sensitive Personal Data
Services
Sub-processor
Swiss Data Protection Laws
Technical and Organizational Measures
Term
Third Country
Transfer Mechanisms
Standard Contractual Clauses
Supervisory Authority
FDPIC
Data Protection Impact Assessment
Records of Processing
Business Day
Instruction
Data Protection Officer
Approved Sub-processor
Security Requirements
Anonymization
Pseudonymization
Data Minimization
Privacy by Design
Privacy by Default
Audit Rights
Force Majeure
Material Breach
Notice
Representatives
Definitions
Scope of Processing
Duration and Termination
Processor Obligations
Controller Obligations
Data Protection
Security Requirements
Confidentiality
Sub-processing
Data Subject Rights
Cross-border Transfers
Audit Rights
Data Breach Notification
Liability
Indemnification
Insurance
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Data Return and Deletion
Business Continuity
Regulatory Compliance
Representatives
Change Control
Service Levels
Fees and Payment
Financial Services
Healthcare
Pharmaceuticals
Technology
Cloud Services
Professional Services
Manufacturing
Insurance
Telecommunications
Education
Research
Retail
E-commerce
Marketing Services
Human Resources
Legal
Compliance
Information Security
IT
Risk Management
Procurement
Operations
Data Protection
Privacy
Vendor Management
Contract Management
Information Governance
Business Development
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Risk Manager
Procurement Manager
Contract Manager
Chief Information Security Officer
Privacy Analyst
Data Protection Specialist
Operations Director
Business Development Manager
Project Manager
Vendor Management Specialist
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