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1. Parties: Identification of both data controllers, including registered addresses and company details
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
4. Scope and Purpose: Detailed description of the data processing activities and purposes covered by the agreement
5. Roles and Responsibilities: Clear delineation of each controller's duties and areas of responsibility
6. Legal Basis for Processing: Identification of the legal grounds under GDPR Article 6 for the processing activities
7. Data Protection Principles: Commitment to comply with GDPR principles and German data protection requirements
8. Technical and Organizational Measures: Overview of security measures implemented by both parties
9. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities
10. Personal Data Breach Notification: Procedures and timeframes for breach notification between parties
11. Liability and Indemnification: Distribution of liability between controllers and indemnification provisions
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required if personal data will be transferred outside the EEA, including appropriate safeguards
2. Sub-processing: Include if either controller may engage sub-processors for the data processing activities
3. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
4. Audit Rights: Optional provisions for mutual audit rights between controllers
5. Data Protection Impact Assessment: Required if processing is likely to result in high risk to individuals
6. Special Categories of Data: Required if sensitive personal data is processed, including specific safeguards
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed
2. Schedule 2 - Processing Purposes: Detailed description of all processing purposes and activities
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by both parties
4. Schedule 4 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
5. Schedule 5 - Contact Points: Key contacts for data protection matters at each controller
6. Appendix A - Standard Contractual Clauses: If required for international transfers, including completed appendices
7. Appendix B - Sub-processor List: If relevant, current list of approved sub-processors
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