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Controller To Controller DPA
"I need a Controller to Controller DPA under German law for a partnership between our fintech company and a credit rating agency, where we'll be sharing customer financial data and credit scores starting March 2025, with particular attention to Special Categories of Personal Data handling."
1. Parties: Identification of both data controllers, including registered addresses and company details
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Detailed description of the data processing activities and purposes covered by the agreement
5. Roles and Responsibilities: Clear delineation of each controller's duties and areas of responsibility
6. Legal Basis for Processing: Identification of the legal grounds under GDPR Article 6 for the processing activities
7. Data Protection Principles: Commitment to comply with GDPR principles and German data protection requirements
8. Technical and Organizational Measures: Overview of security measures implemented by both parties
9. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities
10. Personal Data Breach Notification: Procedures and timeframes for breach notification between parties
11. Liability and Indemnification: Distribution of liability between controllers and indemnification provisions
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required if personal data will be transferred outside the EEA, including appropriate safeguards
2. Sub-processing: Include if either controller may engage sub-processors for the data processing activities
3. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
4. Audit Rights: Optional provisions for mutual audit rights between controllers
5. Data Protection Impact Assessment: Required if processing is likely to result in high risk to individuals
6. Special Categories of Data: Required if sensitive personal data is processed, including specific safeguards
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed
2. Schedule 2 - Processing Purposes: Detailed description of all processing purposes and activities
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by both parties
4. Schedule 4 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
5. Schedule 5 - Contact Points: Key contacts for data protection matters at each controller
6. Appendix A - Standard Contractual Clauses: If required for international transfers, including completed appendices
7. Appendix B - Sub-processor List: If relevant, current list of approved sub-processors
Authors
Applicable Data Protection Laws
BDSG
Business Day
Business Purpose
Controller
Data Protection Officer
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Joint Processing Activities
Member State
Personal Data
Personal Data Breach
Processing
Processor
Regulatory Authority
Representatives
Restricted Transfer
Schedule
Security Measures
Shared Personal Data
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Third Party
Data Protection
Data Security
Confidentiality
Liability
Compliance
Audit Rights
Data Transfer
Breach Notification
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notice
Data Subject Rights
Sub-processing
Technical Measures
Organizational Measures
Risk Management
Documentation
Cooperation
Insurance
Warranties
Indemnification
Financial Services
Healthcare
Insurance
Technology
E-commerce
Professional Services
Manufacturing
Telecommunications
Education
Research and Development
Marketing Services
Real Estate
Consulting
Legal
Compliance
Information Security
Data Protection
Risk Management
IT
Operations
Privacy
Procurement
Information Governance
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Information Security Officer
Privacy Manager
Contract Manager
Chief Legal Officer
Data Protection Specialist
IT Security Manager
Chief Technology Officer
Operations Manager
Project Manager
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