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Data Processing Agreement
"I need a Data Processing Agreement under German law for my cloud software company based in Berlin, which will be processing customer data and transferring it to our US-based servers starting March 2025."
1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and addresses
2. Background: Context of the processing relationship and reference to the main service agreement
3. Definitions: Key terms used in the agreement, incorporating GDPR Article 4 definitions and any additional contract-specific terms
4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data subjects, and types of personal data
5. Duration of Processing: Timeline of the processing activities and conditions for termination
6. Obligations of the Processor: Processor's duties under GDPR Article 28, including processing only on documented instructions
7. Confidentiality: Confidentiality obligations and ensuring staff commitments to confidentiality
8. Security of Processing: Implementation of appropriate technical and organizational measures
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Processor's assistance in responding to data subject requests
11. Data Breach Notification: Procedures and timelines for reporting personal data breaches
12. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
13. Data Return and Deletion: Obligations regarding data handling upon agreement termination
14. Liability and Indemnification: Allocation of responsibility and liability between parties
15. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA, incorporating SCCs if necessary
2. Special Categories of Data: Additional safeguards when processing special categories of personal data under Article 9 GDPR
3. Employee Data Protection: Specific provisions required when processing employee data under German law
4. Data Protection Impact Assessment: Cooperation obligations when DPIA is required
5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications)
6. Insurance Requirements: Specific insurance obligations for data protection
7. Force Majeure: Provisions for handling extraordinary circumstances affecting data processing
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including purposes, categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by the processor, including access controls, encryption, and backup procedures
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms if applicable, including SCCs
5. Appendix 1 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix 2 - Audit Procedures: Specific procedures and requirements for conducting audits
7. Appendix 3 - Data Deletion Protocol: Technical procedures for secure data deletion and certification
Authors
Applicable Data Protection Laws
Authorized Sub-processor
BDSG
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
DSK
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Main Agreement
Personal Data
Personal Data Breach
Processing
Processor
Professional Secrecy Obligations
Restricted Transfer
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
TTDSG
Scope
Duration
Processing Obligations
Confidentiality
Security
Sub-processing
Data Subject Rights
International Transfers
Audit Rights
Data Breach
Liability
Indemnification
Insurance
Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendments
Notices
Force Majeure
Waiver
Third Party Rights
Counterparts
Technology and Software
Healthcare and Medical Services
Financial Services
E-commerce and Retail
Professional Services
Manufacturing
Education
Telecommunications
Insurance
Real Estate
Logistics and Transportation
Media and Entertainment
Energy and Utilities
Public Sector
Consulting Services
Legal
Privacy
Information Security
Compliance
IT
Procurement
Risk Management
Information Governance
Operations
Vendor Management
Data Protection
Contract Management
Data Protection Officer
Privacy Counsel
Legal Counsel
Information Security Manager
Compliance Officer
IT Director
Chief Technology Officer
Chief Information Security Officer
Privacy Manager
Procurement Manager
Contract Manager
Risk Manager
Information Governance Manager
Chief Legal Officer
Chief Compliance Officer
Data Protection Specialist
IT Security Specialist
Operations Director
Project Manager
Vendor Management Officer
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