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Data Privacy Agreement
"I need a Data Privacy Agreement under German law for my software company acting as a data processor for a healthcare provider, with specific provisions for handling patient data and sub-processors in the EU."
1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and authorized representatives
2. Background: Context of the data processing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including those from GDPR and German data protection law
4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and processing purposes
5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with instructions
6. Obligations of the Data Controller: Controller's responsibilities, including lawful basis for processing and providing documented instructions
7. Technical and Organizational Measures: Required security measures to ensure appropriate level of data protection
8. Sub-processing: Rules and procedures for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and supporting the controller
10. Personal Data Breach: Breach notification procedures and cooperation requirements
11. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination
14. Liability and Indemnification: Allocation of liability and indemnification obligations
15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including Standard Contractual Clauses references
2. Special Categories of Data: Additional safeguards when processing sensitive personal data under Article 9 GDPR
3. Data Protection Impact Assessment: Cooperation requirements when DPIA is necessary for high-risk processing
4. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor
5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)
6. Insurance Requirements: Specific insurance obligations for data protection risks
7. Business Continuity: Requirements for ensuring continuous data protection during disruptions
1. Schedule 1 - Processing Details: Detailed description of processing activities, including data categories, subjects, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Contact Details and Procedures: Key contacts and procedures for routine communications and emergencies
5. Schedule 5 - Standard Contractual Clauses: If applicable, EU SCCs for international transfers
6. Appendix A - Data Processing Instructions: Detailed processing instructions from controller to processor
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
8. Appendix C - Audit Procedures: Detailed procedures for conducting compliance audits
Authors
Applicable Data Protection Laws
BDSG
Confidential Information
Controller
Data Subject
Data Subject Rights
EEA
Effective Date
GDPR
Instructions
International Transfer
Member State
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Regulatory Authority
Representatives
Restricted Transfer
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Third Party
Permitted Purpose
Authorized Personnel
Data Protection Officer
Processing Records
Security Incident
Working Day
Governing Law
Audit
Compliance Documentation
Data Protection Impact Assessment
Scope of Processing
Data Protection Compliance
Processing Instructions
Confidentiality
Security Measures
Sub-processing
Data Subject Rights
Data Breach Notification
International Transfers
Audit Rights
Liability
Indemnification
Term and Termination
Data Return and Deletion
Record Keeping
Cooperation
Notice
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Waiver
Governing Law
Dispute Resolution
Warranties
Insurance
Regulatory Compliance
Service Levels
Business Continuity
Technology
Healthcare
Financial Services
E-commerce
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Retail
Digital Marketing
Cloud Services
Research and Development
Human Resources Services
Consulting
Legal
Compliance
Information Security
IT
Risk Management
Operations
Procurement
Data Protection
Privacy
Vendor Management
Information Governance
Contracts Administration
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Chief Privacy Officer
Data Protection Specialist
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