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Personal Data Sharing Agreement
"I need a Personal Data Sharing Agreement under German law for sharing customer data between our Munich-based e-commerce company and a cloud service provider in Ireland, with specific provisions for international data transfers and sub-processor requirements."
1. Parties: Identification of all parties to the agreement, including their roles (data controller, data processor, or joint controllers)
2. Background: Context of the data sharing arrangement and business relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Purpose and Scope: Detailed description of the purpose of data sharing and scope of data processing activities
5. Categories of Data and Data Subjects: Specification of personal data types being shared and categories of data subjects affected
6. Legal Basis for Processing: Identification of the legal grounds under GDPR Article 6 (and Article 9 for special categories) for the data sharing
7. Data Protection Obligations: General obligations of parties regarding data protection, security measures, and GDPR compliance
8. Technical and Organizational Measures: Required security measures to ensure appropriate level of data protection
9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
10. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches
11. Confidentiality: Confidentiality obligations regarding the shared personal data
12. Duration and Termination: Term of the agreement and provisions for termination
13. Return or Deletion of Data: Obligations regarding data handling upon termination of the agreement
14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including appropriate transfer mechanisms
2. Sub-processing: Needed when the receiving party may engage sub-processors for data processing
3. Joint Controller Arrangements: Required when parties are acting as joint controllers, defining respective responsibilities
4. Works Council Requirements: Necessary when sharing involves employee data subject to Works Constitution Act requirements
5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications)
6. Audit Rights: Detailed audit provisions when regular compliance verification is required
7. Insurance Requirements: Specific insurance obligations for data protection risks
8. Data Protection Impact Assessment: Provisions regarding DPIAs when processing is likely to result in high risk
1. Schedule 1 - Processing Details: Detailed description of processing activities, including nature, purpose, and types of personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by parties
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms (e.g., SCCs, BCRs) if applicable
5. Schedule 5 - Contact Points: List of key contacts for operational, technical, and data protection matters
6. Appendix A - Data Processing Details: Specific details about data categories, processing purposes, and retention periods
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
8. Appendix C - Data Subject Request Procedure: Detailed process for handling data subject rights requests
Authors
Applicable Data Protection Laws
BDSG
Business Day
Business Purpose
Confidential Information
Controller
Data Subject
Data Protection Impact Assessment
Data Protection Officer
EEA
Effective Date
EU Standard Contractual Clauses
GDPR
German Data Protection Authority
Information Security Incident
Joint Controllers
Personal Data
Personal Data Breach
Processing
Processor
Processor Agreement
Professional Services
Receiving Party
Representatives
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Sharing Purpose
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Third Party
Transfer Mechanism
Transferring Party
Works Council
Interpretation
Definitions
Purpose Limitation
Data Protection Compliance
Legal Basis for Processing
Technical and Organizational Measures
Data Subject Rights
Confidentiality
Data Security
Data Breach Notification
Sub-processing
International Data Transfers
Audit Rights
Liability and Indemnification
Term and Termination
Data Deletion and Return
Works Council Rights
Representatives and Notices
Assignment and Subcontracting
Force Majeure
Severability
Entire Agreement
Variation
Waiver
Notices
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Technology
Healthcare
Financial Services
Insurance
Telecommunications
Retail
Manufacturing
Professional Services
Education
Human Resources
E-commerce
Marketing Services
Research and Development
Transportation and Logistics
Public Sector
Legal
Compliance
Information Security
Information Technology
Data Protection
Risk Management
Operations
Human Resources
Privacy
Procurement
Business Development
Research and Development
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Information Officer
Risk Manager
Operations Manager
Project Manager
Business Development Manager
HR Director
Chief Technology Officer
General Counsel
Privacy Analyst
Compliance Officer
Contract Manager
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