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Controller To Controller Agreement GDPR
"I need a Controller to Controller Agreement GDPR for my Dutch fintech company to share customer financial data with a German credit rating agency, including cross-border transfer provisions and specific security measures for financial data, to be implemented by March 2025."
1. Parties: Identification of the two data controllers entering into the agreement, including full legal names, registration details, and addresses
2. Background: Context of the agreement, description of data sharing relationship, and purpose of the arrangement between the controllers
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose: Detailed description of the personal data sharing activities, purposes of processing, and categories of data subjects
5. Roles and Responsibilities: Clear delineation of each controller's roles, responsibilities, and obligations under GDPR
6. Lawful Basis for Processing: Specification of the legal bases relied upon by each controller for processing personal data
7. Data Protection Principles: Commitment to GDPR principles and how they will be upheld by both parties
8. Data Subject Rights: Procedures for handling data subject requests and cooperation between controllers
9. Security Measures: Technical and organizational measures required for data protection and security
10. Data Breach Notification: Procedures for notifying each other and authorities of personal data breaches
11. Confidentiality: Obligations regarding confidentiality of shared personal data
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
14. General Provisions: Standard contractual provisions including amendments, severability, and entire agreement
1. International Data Transfers: Required when personal data will be transferred outside the EEA, including transfer mechanisms and safeguards
2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services) with special data protection requirements
3. Joint Processing Activities: Required when certain processing activities are conducted jointly by both controllers
4. Audit Rights: Provisions for mutual auditing of data protection compliance, if agreed between parties
5. Insurance and Liability: Specific provisions on insurance requirements and liability allocation beyond standard provisions
6. Data Protection Impact Assessments: Procedures for conducting DPIAs when required and cooperation between parties
7. Sub-processing: Rules regarding the appointment of processors by either controller, if relevant
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being shared, including special categories if applicable
2. Schedule 2 - Processing Activities: Detailed description of processing activities, purposes, and data flows between controllers
3. Schedule 3 - Technical and Organizational Measures: Specific security measures and controls implemented by each party
4. Schedule 4 - Contact Points: List of key contacts for operational matters, data protection officers, and emergency situations
5. Schedule 5 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests and cooperation between parties
6. Appendix A - Standard Contractual Clauses: If applicable for international transfers, including approved SCCs
7. Appendix B - Data Protection Impact Assessment: Summary or full DPIA if conducted for the shared processing activities
Authors
Financial Services
Healthcare
Technology
E-commerce
Insurance
Education
Professional Services
Telecommunications
Retail
Marketing and Advertising
Research and Development
Transportation and Logistics
Real Estate
Human Resources Services
Legal
Compliance
Data Protection
Information Security
Risk Management
Information Technology
Privacy
Regulatory Affairs
Corporate Governance
Operations
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Privacy Manager
Chief Privacy Officer
General Counsel
IT Security Manager
Data Protection Manager
Compliance Officer
Chief Legal Officer
Chief Information Security Officer
Privacy Analyst
Data Protection Specialist
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