Master Data Protection Agreement Template for Germany

This Master Data Protection Agreement is essential for organizations engaging in data processing activities under German jurisdiction. It serves as the primary contractual framework ensuring compliance with both the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The agreement is necessary whenever an organization (controller) engages another party (processor) to process personal data on its behalf, covering aspects such as data security measures, breach notifications, sub-processor engagement, international transfers, and audit rights. It includes specific provisions required under German law and is designed to be adaptable to various processing scenarios while maintaining strict compliance with European and German data protection requirements.

1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and authorized representatives

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the data processing activities covered by the agreement

5. Duration of Processing: Term of the agreement and processing activities

6. Nature and Purpose of Processing: Specific details about how and why personal data will be processed

7. Types of Personal Data: Categories of personal data to be processed

8. Categories of Data Subjects: Types of individuals whose data will be processed

9. Obligations of the Processor: Detailed processor obligations under GDPR Article 28 and BDSG

10. Obligations of the Controller: Controller's responsibilities and duties

11. Technical and Organizational Measures: Security measures required under GDPR Article 32

12. Sub-processing: Rules and procedures for engaging sub-processors

13. Data Subject Rights: Procedures for handling data subject requests

14. Data Breach Notification: Procedures and timelines for reporting data breaches

15. Audit Rights: Controller's rights to audit and verify compliance

16. Data Return and Deletion: Obligations regarding data handling upon agreement termination

17. Liability and Indemnification: Allocation of responsibilities and liability between parties

18. Governing Law and Jurisdiction: Specification of German law application and jurisdiction