The Master Protection Agreement serves as a foundational document for organizations requiring robust protection measures for their sensitive information, intellectual property, or physical assets under German law. It is particularly relevant when parties need to establish a long-term protection framework that can accommodate multiple specific protection arrangements through subsequent statements of work. The agreement incorporates requirements from German federal laws, including the BDSG and GeschGehG, as well as EU regulations such as GDPR where applicable. This type of agreement is commonly used in scenarios involving ongoing protection services, regular handling of sensitive information, or the need for comprehensive security measures across multiple projects or business areas.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the protection arrangements
3. Definitions: Detailed definitions of terms used throughout the agreement, including Protected Information, Security Measures, Authorized Personnel, etc.
4. Scope and Purpose: Detailed description of the protection services, covered activities, and intended purpose of the agreement
5. Protection Obligations: Core obligations regarding the handling, storage, and protection of sensitive information or assets
6. Security Measures: Specific security requirements, protocols, and standards that must be maintained
7. Personnel and Access Controls: Requirements for personnel handling protected information, including screening, training, and access management
8. Incident Response: Procedures for handling and reporting security incidents, breaches, or unauthorized access
9. Audit and Compliance: Rights to audit, compliance requirements, and reporting obligations
10. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification obligations
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures
12. Post-Termination Obligations: Continuing obligations after termination, including return or destruction of protected information
13. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments
1. Data Processing Terms: Required when the agreement involves processing of personal data under GDPR
2. International Transfer Provisions: Required when protected information will be transferred outside the EU/EEA
3. Disaster Recovery: Detailed disaster recovery and business continuity requirements for critical protection services
4. Insurance Requirements: Specific insurance obligations, particularly for high-value or high-risk protection services
5. Subcontractor Management: Rules and procedures for engaging and managing subcontractors
6. Physical Security Requirements: Specific requirements for physical security measures when physical assets or premises are involved
7. Change Management: Procedures for implementing changes to security measures or protection requirements
1. Schedule 1 - Technical Security Requirements: Detailed technical specifications for security measures and controls
2. Schedule 2 - Service Levels: Performance metrics, response times, and service level requirements
3. Schedule 3 - Fee Schedule: Pricing, payment terms, and fee adjustment mechanisms
4. Schedule 4 - Authorized Personnel: List of authorized personnel and their access levels
5. Schedule 5 - Processing Activities: Detailed description of protection activities and procedures
6. Schedule 6 - Incident Response Plan: Detailed procedures for responding to security incidents
7. Schedule 7 - Form of Statement of Work: Template for additional statements of work under the master agreement
8. Appendix A - Contact Details: Key contacts for operational, emergency, and administrative matters
9. Appendix B - Required Forms: Standard forms for reporting, requests, and notifications
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