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Supplier Data Processing Agreement
"I need a Supplier Data Processing Agreement under German law for engaging a cloud storage provider who will process customer data across multiple EU countries, with special emphasis on healthcare data security requirements and sub-processor provisions."
1. Parties: Identification of the data controller (client) and data processor (supplier), including full legal names, registration details, and addresses
2. Background: Context of the agreement, reference to main service agreement, and purpose of the data processing relationship
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology and agreement-specific terms
4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities, purposes, and categories of data
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Nature and Purpose of Processing: Specific details about how and why the data will be processed
7. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions
8. Technical and Organizational Measures: Security measures implemented to protect personal data
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Processor's obligations to assist controller with data subject requests
11. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
13. Data Return and Deletion: Obligations regarding data handling upon agreement termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data may be transferred outside the EU/EEA
2. Special Categories of Data: Required when processing sensitive personal data under Article 9 GDPR
3. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
4. Industry-Specific Requirements: Required for specific sectors (e.g., healthcare, financial services)
5. Joint Controller Provisions: Required when the relationship includes elements of joint controllership
6. Insurance Requirements: Specific insurance obligations for high-risk processing activities
7. Business Continuity: Required for critical processing operations requiring specific continuity measures
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms for international data transfers if applicable
5. Schedule 5 - Contact Points: Key contacts for operational, security, and data protection matters
6. Appendix A - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
7. Appendix B - Audit Procedures: Specific procedures and requirements for conducting audits
8. Appendix C - Data Deletion Certificate: Template certificate for confirming data deletion upon agreement termination
Authors
Applicable Data Protection Laws
BDSG
Controller
Data Subject
Data Protection Officer
EEA
EU Standard Contractual Clauses
GDPR
Main Agreement
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Restricted Transfer
Security Breach
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Authorized Persons
Business Day
Confidential Information
Data Protection Impact Assessment
Data Protection Laws
Documentation
Effective Date
Instructions
Processing Operations
Records of Processing
Representatives
Security Requirements
Working Day
Scope of Processing
Data Protection
Processor Obligations
Technical Security
Confidentiality
Sub-Processing
Data Transfer
Audit Rights
Data Subject Rights
Data Breach
Liability
Indemnification
Insurance
Term and Termination
Return or Deletion of Data
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Representations and Warranties
Regulatory Compliance
Business Continuity
Documentation
Technology and Software
Healthcare and Medical Services
Financial Services
E-commerce and Retail
Manufacturing
Professional Services
Telecommunications
Education
Insurance
Logistics and Transportation
Human Resources Services
Marketing and Advertising
Cloud Services
Research and Development
Consulting Services
Legal
Compliance
Data Protection
Information Security
Procurement
Vendor Management
Risk Management
IT
Data Governance
Privacy
Information Technology
Corporate Security
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
IT Security Manager
Procurement Manager
Vendor Management Director
Chief Information Security Officer
Contract Manager
Risk Manager
Information Security Officer
Privacy Counsel
Chief Legal Officer
Chief Technology Officer
Chief Compliance Officer
Head of Data Governance
Data Protection Specialist
Senior Privacy Analyst
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