Personal Data Sharing Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Personal Data Sharing Agreement is essential for organizations operating under German jurisdiction that need to share personal data in compliance with the GDPR and German Federal Data Protection Act (BDSG). This document becomes necessary when organizations need to establish a formal framework for sharing personal data, whether as controllers, processors, or joint controllers. It addresses critical compliance requirements including data protection measures, breach notification procedures, data subject rights, and specific German legal requirements such as Works Council involvement where employee data is concerned. The agreement is particularly important given Germany's strict data protection regime and the significant penalties for non-compliance under both EU and German law. It should be customized based on the specific data sharing arrangement, types of data involved, and the roles of the parties while maintaining compliance with German legal requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Protection

Risk Management

Operations

Human Resources

Privacy

Procurement

Business Development

Research and Development

Relevant Roles

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

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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