A Data Controller To Data Controller Agreement is essential when two organizations need to share personal data while each maintaining independent control over the processing of that data. This agreement is specifically designed for use under German law, incorporating requirements from both the GDPR and German federal data protection legislation (BDSG). It should be used whenever two organizations plan to regularly share personal data, need to clarify their respective responsibilities, or establish clear protocols for data protection compliance. The agreement covers crucial aspects such as the purpose and scope of data sharing, security measures, breach notification procedures, and the handling of data subject rights. It's particularly important in the German context due to the strict data protection regime and specific national requirements that supplement the GDPR.
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1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and registration details
2. Background: Context of the data sharing arrangement and brief description of the processing activities
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology and agreement-specific terms
4. Scope and Purpose: Detailed description of the data sharing activities, purposes of processing, and categories of data subjects and personal data
5. Roles and Responsibilities: Clear delineation of each controller's responsibilities and obligations under GDPR
6. Lawful Basis for Processing: Specification 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. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
9. Security Measures: Overview of technical and organizational measures required for data protection
10. Personal Data Breaches: Procedures for notification and handling of data breaches
11. Liability and Indemnification: Allocation 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
14. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. International Transfers: Required when personal data will be transferred outside the EU/EEA, including appropriate safeguards and transfer mechanisms
2. Joint Controller Arrangements: Required when the parties are acting as joint controllers under Article 26 GDPR
3. Audit Rights: Optional section detailing audit procedures and rights between controllers
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection
5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to rights and freedoms of natural persons
6. Sub-processing: Required when either controller may engage sub-processors for the processing activities
1. Schedule 1 - Details of Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by both controllers
3. Schedule 3 - Contact Details and Responsible Persons: List of key contacts, including Data Protection Officers and responsible personnel
4. Schedule 4 - Standard Operating Procedures: Procedures for routine data sharing activities and handling of specific situations
5. Appendix A - Data Transfer Impact Assessment: Required for international transfers, documenting the assessment of recipient country adequacy
6. Appendix B - Sub-processor List: If applicable, list of approved sub-processors and their processing activities
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