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1. Parties: Identification of the group companies involved, including registered details and roles (data exporters/importers)
2. Background: Context of the agreement, relationship between group entities, and purpose of data transfers
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and group-specific definitions
4. Scope and Purpose: Details of data transfers, processing purposes, and categories of data subjects and personal data
5. Obligations of Data Exporter: Responsibilities of the sending entity, including data quality and legal basis for transfers
6. Obligations of Data Importer: Commitments of the receiving entity regarding data processing, security, and confidentiality
7. Technical and Organizational Measures: Security measures implemented to protect personal data during transfer and processing
8. Sub-processing: Rules and procedures for engaging sub-processors within or outside the group
9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
10. Data Breach Notification: Procedures for reporting and handling personal data breaches
11. Audit Rights: Framework for conducting compliance audits and inspections
12. Term and Termination: Duration of agreement and conditions for termination
13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Emergency Contact Protocol: Special procedures for urgent data protection matters, recommended for critical data processing
2. Data Protection Impact Assessments: Procedures for conducting DPIAs, necessary when processing poses high risks
3. Special Categories of Data: Additional safeguards for sensitive data, required when processing special categories under Art. 9 GDPR
4. Cross-Border Transfer Mechanisms: Additional provisions for transfers outside EEA, needed when group includes non-EEA entities
5. Local Data Protection Requirements: Specific provisions for particular jurisdictions, needed for multi-jurisdiction operations
6. Works Council Provisions: Required when employee data is processed and German works councils are involved
1. Schedule 1: Details of Processing: Detailed description of data processing activities, categories of data, and purposes
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by parties
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for data transfers
5. Schedule 5: Standard Contractual Clauses: Incorporation of relevant EU SCCs if applicable
6. Appendix A: Contact Details: List of key contacts including DPOs and privacy teams
7. Appendix B: Security Breach Response Plan: Detailed procedures for handling data breaches
8. Appendix C: Audit Procedures: Detailed audit protocols and requirements
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