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Data Exchange Agreement
"I need a Data Exchange Agreement under German law for sharing customer analytics data between our Berlin-based retail company and a third-party AI service provider, with implementation planned for March 2025 and including specific GDPR compliance measures for machine learning applications."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Scope: Detailed description of the purpose of data exchange and scope of the agreement
5. Data Description: Specification of the types of data to be exchanged
6. Data Processing Obligations: GDPR-compliant obligations regarding data processing and protection
7. Technical Requirements: Technical specifications for data exchange, including formats and protocols
8. Security Requirements: Security measures required for data protection and transfer
9. Confidentiality: Confidentiality obligations and handling of sensitive information
10. Use Restrictions: Limitations on data use and processing
11. Term and Termination: Duration of agreement and termination provisions
12. Liability and Indemnification: Allocation of risks and responsibilities
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. International Data Transfers: Required when data will be transferred outside the EU/EEA
2. Data Breach Notification: Detailed procedures for handling data breaches, recommended for sensitive data exchange
3. Audit Rights: Provisions for auditing compliance, recommended for high-risk data exchange
4. Subcontractors: Required when either party may use subcontractors for data processing
5. Insurance Requirements: Specific insurance obligations, recommended for high-value data exchange
6. Intellectual Property Rights: Required when exchanged data includes or could affect IP rights
7. Competition Law Compliance: Required when parties are competitors or data exchange could affect competition
8. Change Management: Procedures for handling changes to technical specifications or requirements
1. Technical Specification: Detailed technical requirements for data exchange, including formats, protocols, and APIs
2. Security Requirements: Detailed security measures, protocols, and standards to be followed
3. Data Fields and Structure: Detailed description of data fields, formats, and structure
4. Service Levels: Performance metrics and service levels for data exchange
5. Contact Details: List of key contacts and escalation procedures
6. Processing Activities: Detailed description of data processing activities as required by GDPR
7. Incident Response Plan: Procedures for handling security incidents and data breaches
8. Exit Plan: Procedures for termination and data handling post-termination
Authors
Applicable Data Protection Laws
Authorized Personnel
Breach Notification
Business Day
Confidential Information
Controller
Data
Data Exchange Interface
Data Fields
Data Format
Data Protection Impact Assessment
Data Protection Officer
Data Security Breach
Data Subject
Effective Date
Force Majeure Event
GDPR
Intellectual Property Rights
Personal Data
Processing
Processor
Protocol
Receiving Party
Representatives
Security Requirements
Sensitive Data
Service Levels
Special Categories of Personal Data
Supervisory Authority
Technical Specifications
Term
Third Party
Transfer Mechanism
Transferring Party
Transmission Method
Definitions
Data Transfer
Data Protection
Technical Requirements
Security Measures
Confidentiality
Processing Restrictions
Access Rights
Service Levels
Audit Rights
Compliance
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Exit Management
Assignment
Subcontracting
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Data Breach
International Transfer
Intellectual Property
Insurance
Competition Law
Technology
Financial Services
Healthcare
Manufacturing
Education
Research & Development
Government
Telecommunications
Automotive
Insurance
Retail
Energy
Professional Services
Life Sciences
Legal
Information Technology
Data Protection
Information Security
Compliance
Risk Management
Operations
Business Development
Technical Operations
Data Governance
Privacy
Contract Management
Enterprise Architecture
Solutions Architecture
Chief Information Officer
Data Protection Officer
Legal Counsel
IT Director
Chief Technology Officer
Privacy Manager
Compliance Officer
Information Security Manager
Data Governance Manager
Business Development Manager
Contract Manager
Risk Manager
Technical Project Manager
Chief Data Officer
Operations Director
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