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Data Processing Addendum
"I need a Data Processing Addendum under German law for our cloud software company that will be processing healthcare data and transferring it to servers in the USA, with implementation planned for March 2025."
1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses
2. Background: Context of the agreement, reference to the main service agreement, and purpose of the DPA
3. Definitions: Key terms used in the agreement, including those from GDPR and German law (BDSG)
4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data subjects and personal data
5. Duration: Term of the DPA, typically linked to the main agreement's duration
6. Obligations of the Processor: Core processor obligations under GDPR Art. 28 and BDSG, including processing only on documented instructions
7. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring legal basis for processing
8. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests
11. Data Protection Impact Assessment: Cooperation requirements for DPIAs and prior consultations
12. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
13. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
14. Data Return and Deletion: Obligations regarding data handling upon agreement termination
15. Liability and Indemnification: Allocation of responsibility and liability between parties
1. International Data Transfers: Required when personal data may be transferred outside the EEA, incorporating EU SCCs and additional safeguards
2. Sector-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications) under German law
3. Joint Controller Provisions: Required when the relationship includes elements of joint controllership
4. Data Protection Officer: Specific provisions when either party has appointed a DPO under GDPR or BDSG requirements
5. Insurance Requirements: Specific insurance obligations for data protection risks
6. Emergency Protocols: Special procedures for emergency processing situations
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Detailed description of 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 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for key personnel, including data protection officers and emergency contacts
7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits
Authors
Applicable Data Protection Laws
BDSG
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
German Data Protection Laws
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Transfer Mechanism
Authorized Persons
Confidential Information
Data Processing Services
Documentation
Instructions
Main Agreement
Member State
Personnel
Processing Instructions
Processing Location
Processing Records
Security Incident
Term
Definitions
Scope of Processing
Duration and Termination
Data Protection Obligations
Technical Security
Confidentiality
Sub-processing
International Transfer
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Insurance
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Notices
Entire Agreement
Amendment
Waiver
Data Return and Deletion
Personnel Obligations
Compliance with Laws
Documentation
Emergency Procedures
Business Continuity
Technology and Software
Healthcare and Medical Services
Financial Services
E-commerce and Retail
Professional Services
Manufacturing
Education
Telecommunications
Insurance
Transportation and Logistics
Public Sector
Media and Entertainment
Research and Development
Energy and Utilities
Legal
Privacy
Information Security
Compliance
Information Technology
Procurement
Risk Management
Operations
Vendor Management
Data Protection
Information Governance
Business Development
Contract Management
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Legal Counsel
Compliance Manager
IT Security Manager
Risk Manager
Procurement Manager
Contract Manager
Information Governance Manager
Chief Technology Officer
Chief Legal Officer
Privacy Analyst
Data Protection Specialist
Information Security Analyst
Vendor Management Officer
Operations Director
Chief Operating Officer
Business Development Manager
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