The Controller Processor Contract is a crucial legal document required whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf within the German jurisdiction. This requirement stems from Article 28 of the GDPR and is further regulated by the German Federal Data Protection Act (BDSG). The agreement must be in place before any data processing begins and serves to ensure both parties understand and comply with their respective obligations under data protection law. It covers essential aspects such as the scope of processing, security measures, confidentiality requirements, subprocessing conditions, and procedures for data breaches. The document is particularly important in the German context due to strict regulatory oversight and specific national requirements that supplement the GDPR.
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1. Parties: Identification of the data controller and data processor with full legal entity details
2. Background: Context of the processing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes as required by Art. 28 GDPR
5. Duration: Term of the agreement and processing activities
6. Obligations of the Processor: Core processor obligations under Art. 28 GDPR, including processing only on documented instructions
7. Confidentiality: Confidentiality obligations for processor personnel and subcontractors
8. Technical and Organizational Measures: Overview of security measures with reference to detailed schedule
9. Subprocessing: Conditions and requirements for engaging subprocessors
10. Data Subject Rights: Processor's obligations to assist controller with data subject requests
11. Personal Data Breach: Notification requirements and procedures for data breaches
12. Audit Rights: Controller's audit rights 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 liability and indemnification obligations
15. Governing Law and Jurisdiction: Specification of German law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards
2. Insurance Requirements: Specific insurance obligations for the processor, recommended for high-risk processing
3. Business Continuity: Requirements for business continuity and disaster recovery, important for critical processing activities
4. Change Control: Procedures for managing changes to processing activities or technical measures, useful for long-term or complex relationships
5. Exit Management: Detailed procedures for transition upon termination, recommended for complex processing arrangements
1. Schedule 1: Processing Details: Detailed description of processing activities, including data categories, subjects, purposes, and duration
2. Schedule 2: Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Schedule 3: Authorized Subprocessors: List of approved subprocessors and their processing activities
4. Schedule 4: Transfer Mechanisms: Details of international transfer mechanisms if applicable
5. Schedule 5: Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Schedule 6: Audit Procedures: Specific procedures and requirements for conducting audits
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