An Information Sharing Agreement is essential when organizations need to exchange sensitive or regulated information while ensuring legal compliance and data protection. This document, governed by German law, is particularly crucial in situations requiring structured data sharing arrangements between multiple parties, whether for business collaboration, research purposes, or regulatory compliance. It addresses requirements under German Federal Data Protection Act (BDSG), GDPR, and other relevant German regulations, making it suitable for organizations operating in Germany or handling German-regulated data. The agreement typically includes comprehensive provisions for data security, privacy protection, and incident management, reflecting Germany's strict approach to data protection and information security. Use this agreement when establishing formal information sharing arrangements, particularly when dealing with personal data, confidential business information, or regulated data types.
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1. Parties: Identification of the contracting parties, including registered addresses and registration details as required under German law
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms, including 'Confidential Information', 'Personal Data', 'Data Protection Laws', and other relevant terms
4. Purpose and Scope: Detailed description of the purpose of information sharing and the scope of information to be shared
5. Information Classification: Categories and classification of information to be shared, including sensitivity levels
6. Data Protection Obligations: GDPR and BDSG compliance requirements, including legal basis for processing and data protection principles
7. Security Measures: Technical and organizational measures required for securing shared information
8. Confidentiality Obligations: Confidentiality requirements and restrictions on information use
9. Access and Control: Rules governing access to shared information and control mechanisms
10. Incident Management: Procedures for handling data breaches and security incidents
11. Duration and Termination: Term of the agreement and termination provisions
12. Return or Destruction of Information: Obligations regarding information handling upon termination
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. International Transfer Mechanisms: Required when information sharing involves transfers outside the EU/EEA
2. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
3. Joint Controller Provisions: Required when parties are joint controllers under GDPR
4. Audit Rights: Detailed audit provisions when regular compliance verification is needed
5. Sub-processing: Rules for involving third parties in information processing
6. Insurance Requirements: Specific insurance obligations for high-risk information sharing
7. Business Continuity: Required for critical information sharing arrangements
8. Intellectual Property Rights: When shared information includes or may lead to IP rights
1. Schedule 1 - Information Categories: Detailed list and description of all information types to be shared
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls to be implemented
3. Schedule 3 - Contact Points and Escalation Procedure: Key contacts and escalation matrix for various scenarios
4. Schedule 4 - Processing Details: Detailed description of processing activities if personal data is involved
5. Schedule 5 - Service Levels: Performance metrics and service levels for information sharing
6. Appendix A - Data Transfer Impact Assessment: Risk assessment for international transfers if applicable
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling security incidents
8. Appendix C - Approved Sub-processors: List of approved third parties involved in processing, if applicable
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