Controller Processor Agreement Template for Germany

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Key Requirements PROMPT example:

Controller Processor Agreement

"I need a Controller Processor Agreement under German law for a cloud service provider who will process customer data and employee records for my e-commerce business, with particular attention to international data transfers as they have servers in the US."

Document background
The Controller Processor Agreement is a mandatory requirement under both the EU General Data Protection Regulation (GDPR) and German Federal Data Protection Act (BDSG) whenever an organization (controller) engages another party (processor) to process personal data on its behalf. This document must be in place before any data processing begins and serves as the legal framework governing the data processing relationship. It should be used in any scenario where external service providers handle personal data, such as cloud services, HR systems, or marketing platforms. The agreement must comply with Article 28 GDPR requirements while incorporating specific German legal obligations and considering guidance from German supervisory authorities. It establishes clear responsibilities, technical and organizational measures, and procedures for ensuring data protection compliance.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and authorized representatives

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Key terms used in the agreement, including those from GDPR, BDSG, and specific processing activities

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration: Term of the agreement and processing activities

6. Nature and Purpose of Processing: Specific details about how and why the data will be processed

7. Types of Personal Data and Categories of Data Subjects: Comprehensive list of personal data types and categories of individuals whose data will be processed

8. Obligations of the Processor: Core processor obligations under GDPR Article 28 and BDSG, including processing only on documented instructions

9. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring lawful basis for processing

10. Technical and Organizational Measures: Reference to security measures implemented by the processor

11. Sub-processing: Conditions and requirements for engaging sub-processors

12. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

13. Data Breach Notification: Procedures and timeframes for notifying controller of personal data breaches

14. Audit Rights: Controller's rights to audit and processor's obligations to contribute to audits

15. Data Return and Deletion: Obligations regarding data handling upon termination of services

16. Liability and Indemnification: Allocation of liability between parties and indemnification obligations

17. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards

2. Special Categories of Personal Data: Required when processing special categories of personal data under Article 9 GDPR

3. Insurance Requirements: Optional section specifying required insurance coverage for the processor

4. Business Continuity: Optional section detailing business continuity and disaster recovery requirements

5. Cost Allocation: Optional section describing how costs related to data protection compliance are allocated between parties

6. Data Protection Impact Assessments: Required when processing is likely to result in high risk to rights and freedoms of natural persons

Suggested Schedules

1. Technical and Organizational Measures: Detailed description of security measures implemented by the processor

2. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

3. Processing Activities: Detailed description of all processing activities, including data flows and purposes

4. Contact Details and Responsible Persons: List of key contacts for both parties, including Data Protection Officers if applicable

5. Standard Operating Procedures: Procedures for routine operations, including data breach response and audit procedures

6. Data Return and Deletion Protocol: Detailed procedures for returning or deleting data upon contract termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Cloud Services

Marketing and Advertising

Research and Development

Human Resources Services

Insurance

Retail

Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Data Protection

Risk Management

Procurement

Operations

Information Governance

Vendor Management

Privacy

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Chief Information Security Officer

IT Director

Compliance Manager

Privacy Manager

Information Security Manager

Risk Manager

Procurement Manager

Vendor Manager

Chief Technology Officer

Chief Legal Officer

Chief Compliance Officer

Data Protection Specialist

Information Governance Manager

Contract Manager

Operations Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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