Data Addendum Generator for Germany

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Key Requirements PROMPT example:

Data Addendum

"I need a Data Addendum for a cloud service provider relationship where we'll be processing customer data across multiple EU countries, with German law governing the agreement and including provisions for AI-driven data analytics starting March 2025."

Document background
This Data Addendum is designed to supplement existing agreements where one party processes personal data on behalf of another under German jurisdiction. It becomes necessary whenever there is processing of personal data governed by the GDPR and German Federal Data Protection Act (BDSG), particularly in business relationships involving data controller-processor relationships or joint controller arrangements. The document ensures compliance with both EU-wide and German-specific data protection requirements, incorporating mandatory provisions for data processing agreements under Article 28 GDPR and additional requirements under German law. This Data Addendum should be used to formalize data protection obligations, establish clear responsibilities for data handling, and implement appropriate safeguards for personal data processing activities.
Suggested Sections

1. Parties: Identification of the data controller and data processor (or joint controllers)

2. Background: Context of the addendum and its relationship to the main agreement

3. Definitions: Key terms used in the addendum, including GDPR-specific terminology

4. Scope and Purpose: Details of the data processing activities covered by the addendum

5. Roles and Responsibilities: Clear designation of parties as controller, processor, or joint controllers and their respective obligations

6. Data Processing Instructions: Specific instructions for data processing, including types of data and processing activities

7. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection

8. Confidentiality: Confidentiality obligations regarding processed personal data

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

10. Data Breach Notification: Procedures and timelines for reporting data breaches

11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

12. Term and Termination: Duration of the addendum and procedures for termination

13. Return or Deletion of Data: Obligations regarding personal data upon termination

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Sub-processing: Include when the processor may engage sub-processors

2. International Transfers: Include when personal data will be transferred outside the EU/EEA

3. Joint Controller Arrangements: Include when parties are acting as joint controllers

4. Special Categories of Data: Include when processing sensitive personal data

5. Data Protection Impact Assessment: Include when high-risk processing requires DPIA

6. Industry-Specific Requirements: Include when specific sector regulations apply

7. Employee Data Processing: Include when processing employee personal data

8. Insurance Requirements: Include when specific insurance coverage for data processing is required

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects and personal data

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by the processor

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including SCCs if applicable

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Contact information for data protection officers and key representatives

7. Appendix B - Standard Forms: Standard forms for data subject requests, breach notifications, and audit requests

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

Technology

Healthcare

Financial Services

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Retail

Insurance

Transportation and Logistics

Research and Development

Marketing and Advertising

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Procurement

Information Technology

Data Protection

Corporate Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Privacy Manager

Risk Manager

Operations Director

Procurement Manager

Contract Manager

Chief Information Security Officer

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

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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