The Controller To Controller Agreement GDPR is essential for organizations that share personal data while acting as independent data controllers under the EU General Data Protection Regulation (GDPR). This agreement is particularly relevant when both parties are based in or operating under United States law while handling European personal data. It establishes the framework for lawful data sharing, defines each party's responsibilities, ensures GDPR compliance, and incorporates necessary safeguards for international data transfers. The agreement is crucial for organizations needing to demonstrate compliance with GDPR Article 26 requirements while operating within the US legal framework, including considerations for state-specific privacy laws and the EU-US Data Privacy Framework.
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1. Parties: Identification of the data controllers and their registered offices
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose: Details of the data sharing activities and legitimate purposes for processing
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities
6. Legal Basis for Processing: Specification of the legal grounds under GDPR Article 6 for the data processing
7. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, and transparency
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
9. Security Measures: Technical and organizational measures required to ensure data security
10. Data Breach Notification: Procedures for notifying each other and authorities of data breaches
11. Confidentiality: Obligations regarding confidentiality of shared personal data
12. Term and Termination: Duration of the agreement and conditions for termination
13. Liability and Indemnification: Allocation of liability and indemnification obligations
14. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for disputes
1. International Data Transfers: Required when personal data is transferred outside the EEA, including transfer mechanisms and safeguards
2. Sub-processing: Include when either controller may engage sub-processors for data processing activities
3. Audit Rights: Optional section detailing audit procedures when regular compliance verification is required
4. Insurance: Include when specific insurance coverage for data protection is required
5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
6. Joint Controller Provisions: Include when parties are acting as joint controllers for certain processing activities
7. US State Privacy Law Compliance: Include when processing involves data subjects from specific US states with privacy laws
1. Schedule 1 - Details of Processing: Detailed description of data processing activities, categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by both controllers
3. Schedule 3 - Transfer Mechanisms: Details of international transfer mechanisms including SCCs if applicable
4. Schedule 4 - Contact Points: Key contacts for operational matters, data protection officers, and breach notification
5. Schedule 5 - Sub-processors: List of approved sub-processors and process for adding new ones
6. Appendix A - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
7. Appendix B - Breach Response Plan: Detailed procedures for responding to and managing data breaches
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