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The Personal Data Transfer Agreement is essential for organizations transferring personal data under German jurisdiction, whether within Germany, the EU, or internationally. This document is required when personal data is shared between different legal entities, including between controllers and processors, joint controllers, or intra-group transfers. It ensures compliance with the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR), incorporating mandatory provisions for data protection, security measures, and data subject rights. The agreement is particularly crucial given Germany's strict data protection requirements and the potential for significant penalties for non-compliance. It should be implemented before any personal data transfer begins and must be regularly reviewed to ensure continued compliance with evolving data protection laws.

1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and authorized representatives

2. Background: Context of the data transfer relationship, purpose of the agreement, and brief description of data processing activities

3. Definitions: Key terms used in the agreement, aligned with GDPR Article 4 definitions and any additional terms specific to the transfer arrangement

4. Subject Matter and Duration: Scope of data transfer, types of personal data, categories of data subjects, and duration of processing activities

5. Nature and Purpose of Processing: Detailed description of how the personal data will be processed and the specific purposes for which it will be used

6. Obligations of the Parties: Core responsibilities of both parties, including compliance with GDPR principles, maintaining records, and ensuring data security

7. Technical and Organizational Measures: Required security measures to ensure appropriate level of data protection, including encryption, access controls, and backup procedures

8. Sub-processing: Conditions and requirements for engaging sub-processors, including notification and approval processes

9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subjects can exercise their GDPR rights

10. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

11. Audit Rights: Rights and procedures for conducting audits to verify compliance with the agreement

12. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

13. Return or Deletion of Data: Obligations regarding the return or deletion of personal data upon termination of services

14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for dispute resolution