The Controller-to-Controller DPA is essential when two organizations need to share personal data while maintaining independent control over the processing activities. This document is particularly crucial in the United States, where organizations must navigate complex federal and state privacy regulations. The agreement specifies each party's obligations regarding data protection, security measures, breach notification procedures, and compliance with various privacy laws. It should be used whenever two controllers plan to share personal data on a regular basis or for specific projects, ensuring clear allocation of responsibilities and compliance with applicable regulations.
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1. Parties: Identification of both controllers and their legal details
2. Background: Context of data sharing relationship and purpose
3. Definitions: Key terms including data categories, processing activities, and regulatory references
4. Scope and Purpose: Details of data sharing arrangement and legitimate purposes
5. Obligations of the Parties: Mutual responsibilities for data protection
6. Data Security Measures: Required security controls and standards
7. Data Subject Rights: Procedures for handling data subject requests
8. Breach Notification: Process for reporting and managing data breaches
1. International Transfers: Required when data crosses borders - includes mechanisms and safeguards for international data transfers
2. Sector-Specific Compliance: Additional requirements for regulated industries (HIPAA, GLBA, FERPA, or COPPA compliance)
3. Sub-processing: Rules and requirements for engaging additional processors by either party
1. Schedule 1 - Data Processing Details: Detailed description of data categories, purposes, and processing activities
2. Schedule 2 - Security Measures: Technical and organizational measures implemented by both parties
3. Schedule 3 - Sub-processor List: List of approved sub-processors and their roles
4. Schedule 4 - Data Transfer Mechanisms: Approved methods and safeguards for international data transfers
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