Personal Data Protection Agreement Template for Germany

The Personal Data Protection Agreement is essential for organizations operating under German jurisdiction that engage in the processing of personal data. This document is typically used when one party (the controller) engages another party (the processor) to process personal data on its behalf, or when two or more parties act as joint controllers. It ensures compliance with the strict requirements of the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR). The agreement covers crucial aspects such as processing purposes, security measures, data breach notifications, and audit rights, while incorporating specific German legal requirements and standards. It's particularly important given Germany's stringent approach to data protection and the significant penalties for non-compliance under both German and EU law.

1. Parties: Identification of the contracting parties and their roles (data controller and/or data processor)

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used in the agreement, aligned with GDPR and BDSG definitions

4. Subject Matter and Duration: Scope of data processing activities and duration of the agreement

5. Nature and Purpose of Processing: Detailed description of how and why personal data will be processed

6. Types of Personal Data and Categories of Data Subjects: Specification of personal data types and individuals whose data will be processed

7. Obligations and Rights of the Controller: Controller's responsibilities, including instructions for processing and monitoring rights

8. Obligations of the Processor: Processor's duties including processing only on documented instructions, confidentiality, security measures

9. Technical and Organizational Measures: Security measures to ensure appropriate level of data protection

10. Sub-processing: Conditions and requirements for engaging sub-processors

11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

12. Personal Data Breach: Notification requirements and procedures in case of data breaches

13. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

14. Termination: Conditions for termination and data handling upon agreement end

15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes