Sub Processing Agreement Template for Germany

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Key Requirements PROMPT example:

Sub Processing Agreement

"I need a Sub Processing Agreement under German law for engaging a cloud storage provider who will process customer data for our healthcare software platform, with specific provisions for handling sensitive medical data and compliance with healthcare regulations."

Document background

A Sub Processing Agreement is essential when a data processor wishes to engage another entity to process personal data on behalf of a data controller. This document is specifically tailored to comply with German legal requirements, including the GDPR and BDSG (German Federal Data Protection Act). It outlines the obligations, responsibilities, and liabilities of the sub-processor, ensuring appropriate technical and organizational measures are in place for data protection. The agreement becomes necessary when outsourcing data processing activities, using cloud services, or engaging third-party service providers who will have access to personal data. It includes detailed provisions for data security, breach notification procedures, audit rights, and data transfer mechanisms, with particular attention to German regulatory requirements and enforcement practices. This document is crucial for maintaining compliance in data processing chains and protecting all parties' interests under German jurisdiction.

Suggested Sections

1. Parties: Identification of the main processor (as customer) and the sub-processor (as service provider), including full legal names and registered addresses

2. Background: Context of the agreement, reference to the main processing agreement, and the purpose of this sub-processing arrangement

3. Definitions: Key terms used in the agreement, including terms from GDPR, BDSG, and specific technical terms

4. Scope and Purpose of Processing: Detailed description of the processing activities, types of personal data, categories of data subjects, and processing purposes

5. Duration and Termination: Term of the agreement, termination rights, and obligations upon termination including data deletion or return

6. Sub-processor's Obligations: Core obligations including processing only on documented instructions, confidentiality, security measures, and breach notification requirements

7. Technical and Organizational Measures: Required security measures in accordance with GDPR Article 32 and BDSG requirements

8. Assistance and Cooperation: Sub-processor's obligations to assist with data subject requests, impact assessments, and regulatory compliance

9. Audit Rights: Processor's rights to audit and inspect sub-processor's facilities and processes

10. Data Breach Notification: Procedures and timeframes for reporting personal data breaches

11. Liability and Indemnification: Allocation of liability between parties and indemnification obligations

12. General Provisions: Standard contractual terms including governing law, jurisdiction, severability, and entire agreement

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA, including appropriate transfer mechanisms and safeguards

2. Special Categories of Personal Data: Additional provisions required when processing sensitive personal data under Article 9 GDPR

3. Sub-sub-processors: Provisions governing the appointment of additional sub-processors, including authorization procedures

4. Industry-Specific Requirements: Additional provisions for specific industries (e.g., healthcare, financial services) subject to additional regulatory requirements

5. Insurance Requirements: Specific insurance obligations for the sub-processor, particularly relevant for high-risk processing activities

6. Business Continuity and Disaster Recovery: Detailed provisions for ensuring service continuity, required for critical processing activities

Suggested Schedules

1. Schedule 1 - Processing Details: Detailed description of processing activities, including data categories, purposes, and duration

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the sub-processor

3. Schedule 3 - Approved Sub-sub-processors: List of pre-approved sub-sub-processors, if any

4. Schedule 4 - Data Transfer Mechanisms: Details of transfer mechanisms and safeguards for international data transfers

5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for the processing activities

6. Appendix 1 - Contact Details: Key contacts for operational matters, security incidents, and data protection queries

7. Appendix 2 - Standard Forms: Standard forms for data breach notification, audit requests, and other routine communications

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Cloud Services

Healthcare

Financial Services

E-commerce

Manufacturing

Professional Services

Telecommunications

Education

Insurance

Logistics and Transportation

Digital Marketing

Research and Development

Human Resources Services

Relevant Teams

Legal

Information Security

Compliance

IT Operations

Privacy

Procurement

Risk Management

Vendor Management

Data Protection

Information Technology

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Information Security Manager

Compliance Officer

IT Director

Chief Technology Officer

Chief Information Security Officer

Procurement Manager

Contract Manager

Risk Manager

Operations Director

Chief Privacy Officer

Vendor Management Officer

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