Master Protection Agreement Template for Germany

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Key Requirements PROMPT example:

Master Protection Agreement

"Need a Master Protection Agreement for our IT services company based in Munich, covering data security and confidentiality requirements for handling client financial data, with specific provisions for cloud storage and third-party access, to be implemented by March 2025."

Document background
The Master Protection Agreement serves as a foundational document for organizations requiring robust protection measures for their sensitive information, intellectual property, or physical assets under German law. It is particularly relevant when parties need to establish a long-term protection framework that can accommodate multiple specific protection arrangements through subsequent statements of work. The agreement incorporates requirements from German federal laws, including the BDSG and GeschGehG, as well as EU regulations such as GDPR where applicable. This type of agreement is commonly used in scenarios involving ongoing protection services, regular handling of sensitive information, or the need for comprehensive security measures across multiple projects or business areas.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the protection arrangements

3. Definitions: Detailed definitions of terms used throughout the agreement, including Protected Information, Security Measures, Authorized Personnel, etc.

4. Scope and Purpose: Detailed description of the protection services, covered activities, and intended purpose of the agreement

5. Protection Obligations: Core obligations regarding the handling, storage, and protection of sensitive information or assets

6. Security Measures: Specific security requirements, protocols, and standards that must be maintained

7. Personnel and Access Controls: Requirements for personnel handling protected information, including screening, training, and access management

8. Incident Response: Procedures for handling and reporting security incidents, breaches, or unauthorized access

9. Audit and Compliance: Rights to audit, compliance requirements, and reporting obligations

10. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification obligations

11. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures

12. Post-Termination Obligations: Continuing obligations after termination, including return or destruction of protected information

13. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Data Processing Terms: Required when the agreement involves processing of personal data under GDPR

2. International Transfer Provisions: Required when protected information will be transferred outside the EU/EEA

3. Disaster Recovery: Detailed disaster recovery and business continuity requirements for critical protection services

4. Insurance Requirements: Specific insurance obligations, particularly for high-value or high-risk protection services

5. Subcontractor Management: Rules and procedures for engaging and managing subcontractors

6. Physical Security Requirements: Specific requirements for physical security measures when physical assets or premises are involved

7. Change Management: Procedures for implementing changes to security measures or protection requirements

Suggested Schedules

1. Schedule 1 - Technical Security Requirements: Detailed technical specifications for security measures and controls

2. Schedule 2 - Service Levels: Performance metrics, response times, and service level requirements

3. Schedule 3 - Fee Schedule: Pricing, payment terms, and fee adjustment mechanisms

4. Schedule 4 - Authorized Personnel: List of authorized personnel and their access levels

5. Schedule 5 - Processing Activities: Detailed description of protection activities and procedures

6. Schedule 6 - Incident Response Plan: Detailed procedures for responding to security incidents

7. Schedule 7 - Form of Statement of Work: Template for additional statements of work under the master agreement

8. Appendix A - Contact Details: Key contacts for operational, emergency, and administrative matters

9. Appendix B - Required Forms: Standard forms for reporting, requests, and notifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Research and Development

Defense

Telecommunications

Professional Services

Pharmaceuticals

Energy

Automotive

Chemical Industry

Critical Infrastructure

Relevant Teams

Legal

Information Security

Compliance

Risk Management

IT Operations

Data Protection

Procurement

Operations

Security Operations

Contract Management

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Chief Legal Officer

Information Security Manager

Compliance Manager

Risk Manager

Security Operations Director

Chief Technology Officer

Privacy Officer

Contract Manager

Security Architect

Operations Director

Procurement Manager

Chief Risk Officer

General Counsel

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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