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Controller To Controller DPA Template for Austria

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Key Requirements PROMPT example:

Controller To Controller DPA

"I need a Controller-to-Controller DPA under Austrian law for my fintech company to share customer transaction data with a credit scoring agency, with specific focus on cross-border transfers to Germany and enhanced security measures."

Document background
This Controller to Controller DPA is essential when two organizations, each acting as independent data controllers, need to share or exchange personal data while operating under Austrian jurisdiction. The document is required to comply with Article 26 of the GDPR and the Austrian Data Protection Act (DSG) when both parties independently determine the purposes and means of processing personal data. It should be used when organizations need to establish clear protocols for data sharing, outline respective responsibilities, ensure compliance with data protection principles, and define security measures. The agreement includes specific provisions required under Austrian law, addresses liability allocation, and incorporates necessary technical and organizational measures for data protection. This document is particularly important for cross-organizational data sharing initiatives where both parties maintain separate control over the processed data.
Suggested Sections

1. Parties: Identification of the data controllers, including full legal names, registration details, and contact information

2. Background: Context of the data sharing relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and Austrian legal terms

4. Scope and Purpose: Detailed description of the data sharing activities and legitimate purposes for processing

5. Roles and Responsibilities: Clear delineation of each party's role as an independent controller and their respective obligations

6. Data Protection Principles: Commitment to GDPR principles and specific measures to ensure compliance

7. Legal Basis for Processing: Identification and documentation of legal bases for data processing and sharing

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised

9. Security Measures: Technical and organizational measures required for data protection

10. Data Breach Notification: Procedures and timeframes for notifying each other of data breaches

11. Liability and Indemnification: Allocation of responsibilities and liabilities between the parties

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

13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction

Optional Sections

1. International Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards and SCCs

2. Joint Activities: Used when parties engage in any joint processing activities requiring coordination

3. Audit Rights: Optional provisions for mutual auditing of data protection practices

4. Insurance Requirements: Specific insurance obligations for data protection risks

5. Sub-processing: Include if either party may engage sub-processors for the shared data

6. Data Protection Impact Assessments: Required when processing is likely to result in high risk to individuals

7. Language: Required when the agreement needs to be in multiple languages or specify a prevailing language

Suggested Schedules

1. Schedule 1: Categories of Personal Data: Detailed list of personal data categories being shared between the parties

2. Schedule 2: Technical and Organizational Measures: Specific security measures implemented by each party

3. Schedule 3: Data Transfer Mechanisms: Details of transfer mechanisms and safeguards for international transfers

4. Schedule 4: Contact Points: List of key contacts for operational, legal, and data protection matters

5. Schedule 5: Processing Activities: Detailed description of processing activities carried out by each party

6. Appendix A: Standard Contractual Clauses: If required for international transfers, the applicable SCCs

7. Appendix B: Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Financial Services

Healthcare

Insurance

Technology

Telecommunications

Professional Services

Education

Retail

Manufacturing

Public Sector

Research and Development

Pharmaceuticals

Marketing and Advertising

Human Resources Services

Real Estate

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Risk Management

IT

Privacy

Operations

Business Development

Procurement

Vendor Management

Information Governance

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Privacy Officer

Chief Legal Officer

Chief Compliance Officer

Chief Information Security Officer

Data Governance Manager

Privacy Analyst

Compliance Analyst

Contract Manager

Business Development Manager

Project Manager

IT Security 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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