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Joint Controller Data Sharing Agreement
"I need a Joint Controller Data Sharing Agreement governed by Austrian law for a healthcare research collaboration between our hospital and a medical university, with particular emphasis on handling sensitive patient data and research findings."
1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing activities and relationship between the parties
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Definition of the joint processing activities covered by the agreement
5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers as required by GDPR Article 26
6. Data Protection Principles: Commitment to GDPR principles and compliance requirements
7. Data Subject Rights: Procedures for handling data subject requests and determining controller responsibility
8. Security Measures: Technical and organizational measures for data protection
9. Data Breach Notification: Procedures for handling and reporting data breaches
10. Liability and Indemnification: Distribution of liability between controllers and indemnification provisions
11. Term and Termination: Duration of the agreement and termination conditions
12. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
1. International Data Transfers: Required if data is transferred outside the EEA, including compliance with transfer mechanisms
2. Sub-processors: Include if either party will use sub-processors for the joint processing activities
3. Insurance Requirements: Specific insurance obligations for each party, if required
4. Audit Rights: Detailed audit provisions beyond standard compliance monitoring
5. Data Protection Impact Assessment: Include if high-risk processing requires regular DPIAs
6. Costs Allocation: Specific provisions for sharing costs related to joint processing activities
1. Schedule 1 - Processing Activities: Detailed description of joint processing activities, including categories of data and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both parties
3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
4. Schedule 4 - Data Breach Response Plan: Detailed procedures for responding to data breaches
5. Schedule 5 - Contact Points: Key contacts for operational, legal, and data protection matters
6. Appendix A - Information Notice Template: Template for informing data subjects about joint processing arrangements
7. Appendix B - Data Transfer Mechanisms: If applicable, documentation of transfer mechanisms for international data flows
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