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Joint Controller Data Processing Agreement
"I need a Joint Controller Data Processing Agreement for a healthcare research collaboration between our hospital and a medical AI company, with specific provisions for handling sensitive patient data and research findings, to be implemented by March 2025."
1. Parties: Identification and details of the joint controllers entering into the agreement
2. Background: Context of the joint processing activities and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including those from GDPR Article 4 and additional relevant terms
4. Scope and Purpose: Detailed description of the joint processing activities and their purposes
5. Roles and Responsibilities: Allocation of responsibilities between joint controllers for GDPR compliance and data subject rights
6. Transparency Measures: Arrangements for providing information to data subjects about joint processing
7. Data Subject Rights: Procedures for handling data subject requests and determining controller responsibility
8. Security Measures: Technical and organizational measures for data protection
9. Personal Data Breach Notification: Procedures for handling and notifying about data breaches
10. Liability and Indemnification: Distribution of liability between controllers and indemnification provisions
11. Term and Termination: Duration of the agreement and termination conditions
12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and amendment procedures
1. International Data Transfers: Required when personal data is transferred outside the EEA, including transfer mechanisms and safeguards
2. Processor Engagement: Include when joint controllers plan to engage common processors
3. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR
4. Data Protection Impact Assessment: Include when processing is likely to result in high risk to rights and freedoms
5. Insurance Requirements: Include when specific insurance coverage is required due to processing risks
6. Audit Rights: Optional section detailing mutual audit rights and procedures
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both controllers
3. Schedule 3 - Contact Points and Responsible Persons: List of key contacts and responsible persons for various aspects of the agreement
4. Schedule 4 - Data Subject Information: Template or content of privacy notice for data subjects regarding joint processing
5. Schedule 5 - Sub-processors: List of approved sub-processors if applicable
6. Appendix A - Data Flow Diagram: Visual representation of data flows between controllers and any processors
Authors
Authorized Personnel
BDSG
Business Day
Controller
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
EEA
Force Majeure
GDPR
Joint Processing Activities
Joint Purposes
Lead Controller
Material Change
Personal Data
Personal Data Breach
Processing
Processor
Professional Fees
Reasonable Endeavours
Receiving Controller
Representative
Restricted Transfer
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Party
Transfer Mechanisms
Working Day
Working Hours
Interpretation
Scope of Processing
Joint Controller Obligations
Data Protection
Data Security
Confidentiality
Liability
Indemnification
Audit Rights
Data Subject Rights
Breach Notification
International Transfer
Sub-processing
Term and Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Technology
Healthcare
Financial Services
E-commerce
Education
Professional Services
Marketing and Advertising
Research and Development
Telecommunications
Insurance
Real Estate
Retail
Manufacturing
Transportation and Logistics
Legal
Compliance
Information Security
Data Protection
Information Technology
Risk Management
Operations
Project Management
Business Development
Procurement
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Project Manager
IT Director
Chief Information Officer
Chief Technology Officer
Operations Manager
Contract Manager
Privacy Analyst
Data Protection Specialist
Chief Legal Officer
Business Development Manager
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