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Data Controller DPA

Data Controller DPA Template for Germany

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Key Requirements PROMPT example:

Data Controller DPA

"I need a Data Controller DPA under German law for our cloud software company that will be processing customer data across multiple EU countries, with specific provisions for AI and machine learning processing activities starting January 2025."

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Document background
This Data Controller DPA is essential for organizations operating in Germany that engage third parties to process personal data on their behalf. The document is required under both the EU General Data Protection Regulation (GDPR) and German Federal Data Protection Act (BDSG), serving as a legally binding agreement that defines the rights and obligations of both the Data Controller and Data Processor. It includes mandatory provisions required by Article 28 GDPR, specific German legal requirements, and detailed technical and organizational measures for data protection. The agreement is particularly important as it helps organizations demonstrate compliance with German and EU data protection laws while establishing clear accountability and liability frameworks for data processing activities.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology and agreement-specific terms

4. Scope and Purpose of Processing: Detailed description of the authorized data processing activities, categories of data, and processing purposes

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Nature and Purpose of Processing: Specific details about how and why the data will be processed

7. Data Protection Obligations: Core obligations of the Processor including security measures, confidentiality, and compliance with instructions

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Processor's obligations to assist with data subject requests

10. Security Measures: Technical and organizational measures required to protect personal data

11. Data Breach Notification: Procedures and timeframes for reporting data breaches

12. Audit Rights: Controller's rights to audit and verify compliance

13. Data Return and Deletion: Obligations regarding data handling upon agreement termination

14. Liability and Indemnification: Allocation of liability and indemnification obligations

15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside the EEA, incorporating appropriate safeguards and SCCs

2. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)

3. Business Continuity: Specific provisions for ensuring continuous data processing operations in crisis situations

4. Insurance Requirements: Specific insurance obligations for the Processor

5. Special Categories of Data: Additional safeguards for processing sensitive personal data

6. Data Protection Impact Assessments: Cooperation requirements for DPIAs when processing is likely to result in high risk

7. Joint Controller Provisions: Required when the relationship involves joint controllership scenarios

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by the Processor

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms including SCCs where applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Contact information for key personnel and data protection officers

7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































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Relevant Industries

Technology and Software

Healthcare and Medical

Financial Services

E-commerce and Retail

Manufacturing

Professional Services

Education

Telecommunications

Insurance

Cloud Services

Marketing and Advertising

Research and Development

Logistics and Transportation

Human Resources Services

Consulting Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Vendor Management

Data Protection

Contract Management

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Procurement Manager

Contract Manager

Chief Legal Officer

Chief Privacy Officer

Operations Director

Project Manager

Vendor Management Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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