Controller To Controller DPA Template for Germany

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Key Requirements PROMPT example:

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."

Document background
This Controller-to-Controller DPA is essential when two independent organizations need to share and jointly process personal data under German jurisdiction. It should be used when both parties act as data controllers and need to establish clear boundaries of responsibility and liability. The agreement ensures compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), incorporating specific German legal requirements such as mandatory Data Protection Officer appointments where applicable. This document is particularly important for organizations engaged in joint ventures, partnerships, or any business arrangement involving shared data processing responsibilities. It includes detailed provisions for technical and organizational measures, data breach notifications, and data subject rights management, all aligned with German data protection standards.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Relevant Industries

Financial Services

Healthcare

Insurance

Technology

E-commerce

Professional Services

Manufacturing

Telecommunications

Education

Research and Development

Marketing Services

Real Estate

Consulting

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

IT

Operations

Privacy

Procurement

Information Governance

Relevant Roles

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

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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