Data Transfer Addendum Template for Germany

The Data Transfer Addendum is essential for organizations transferring personal data under German jurisdiction, whether between group companies, to service providers, or across borders. It supplements existing service or commercial agreements by specifically addressing data protection requirements under German and EU law. This document becomes necessary when personal data is shared between separate legal entities or across jurisdictions, particularly when one party acts as a data controller and another as a data processor. The addendum ensures compliance with the German Federal Data Protection Act (BDSG), GDPR, and includes provisions for international transfers through Standard Contractual Clauses where required. It should be implemented whenever there is systematic sharing of personal data, especially in cross-border scenarios or when engaging new service providers who will process personal data.

1. Parties: Identification of the data exporter and data importer, including their roles under GDPR (controller/processor)

2. Background: Context of the addendum, reference to the main agreement, and purpose of the data transfer arrangement

3. Definitions: Key terms used in the addendum, including those from GDPR, BDSG, and specific technical terms

4. Scope and Purpose of Processing: Detailed description of data processing activities, categories of data subjects and personal data

5. Duration and Termination: Term of the addendum, relationship to main agreement's duration, termination rights

6. Data Protection Obligations: Core obligations of parties regarding data protection, security measures, and compliance

7. Data Transfer Mechanisms: Legal basis for transfers, including SCCs if needed for transfers outside EEA

8. Security Measures: Overview of technical and organizational measures required for data protection

9. Audit Rights: Procedures for monitoring compliance and conducting audits

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

11. Liability and Indemnification: Allocation of responsibility and liability between parties

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