Third Party Data Sharing Agreement Template for Germany

The Third Party Data Sharing Agreement is essential for organizations operating under German jurisdiction that need to share personal or non-personal data with external parties. This document is particularly crucial given Germany's strict data protection regime, which combines EU GDPR requirements with additional provisions under the Federal Data Protection Act (BDSG) and state-level regulations. It becomes necessary when organizations need to share data for business purposes, research collaboration, service provision, or group operations. The agreement covers critical aspects such as data processing purposes, security measures, compliance requirements, and liability allocation. It's designed to protect both the data controller and recipient while ensuring compliance with German and EU data protection laws, incorporating necessary safeguards and enforcement mechanisms.

1. Parties: Identification of the data controller/provider and the third party recipient, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the data sharing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms and data protection-specific terminology

4. Purpose and Scope: Specific purposes for which data can be shared and processed, including any limitations on use

5. Categories of Data: Detailed description of the types of personal and non-personal data to be shared

6. Legal Basis for Processing: Specification of the legal grounds under GDPR Article 6 (and if applicable Article 9) for the data processing

7. Data Protection Obligations: Comprehensive obligations regarding data protection, including security measures, confidentiality, and compliance with GDPR and BDSG

8. Technical and Organizational Measures: Required security measures and safeguards for data protection

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

10. Breach Notification: Procedures and timelines for reporting and handling data breaches

11. Audit Rights: Rights and procedures for auditing compliance with the agreement

12. Term and Termination: Duration of the agreement and conditions for termination

13. Return or Deletion of Data: Obligations regarding data handling upon 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