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International Data Protection Agreement
"I need an International Data Protection Agreement under German law for a software company based in Berlin transferring customer data to a cloud service provider in Singapore, with specific provisions for AI processing and automated decision-making."
1. Parties: Identification of the data exporter and data importer, including their roles (controller/processor)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, aligned with GDPR definitions
4. Scope and Purpose: Details of the data processing activities covered by the agreement
5. Roles and Responsibilities: Clear designation of parties' roles under GDPR and their general obligations
6. Data Processing Principles: Commitment to GDPR principles and lawful processing requirements
7. Security Measures: Technical and organizational measures for data protection
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring rights
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Audit Rights: Rights and procedures for auditing compliance
12. International Transfers: Mechanisms and safeguards for international data transfers
13. Term and Termination: Duration of agreement and termination provisions
14. Return or Deletion of Data: Obligations regarding data handling upon termination
15. Liability and Indemnification: Allocation of risks and responsibilities
16. Governing Law and Jurisdiction: Specification of German law and jurisdiction
1. Specific Industry Requirements: Additional provisions for regulated industries (healthcare, financial services, etc.)
2. Data Protection Impact Assessment: Provisions regarding DPIAs when processing poses high risks
3. Insurance Requirements: Specific insurance obligations for data protection
4. Joint Controller Provisions: Additional terms when parties act as joint controllers
5. Sovereign Immunity: Special provisions when dealing with public bodies or government entities
6. Local Representative: Requirements for EU/German representatives for non-EU parties
7. Emergency Protocols: Special procedures for urgent data protection incidents
8. Cost Allocation: Specific provisions on how data protection compliance costs are shared
1. Schedule 1: Processing Details: Detailed description of processing activities, categories of data and data subjects
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented
3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Schedule 5: Standard Contractual Clauses: Incorporated EU SCCs for international transfers
6. Schedule 6: Contact Details: Key contacts for data protection matters and breach notification
7. Schedule 7: Audit Procedures: Detailed procedures for conducting compliance audits
8. Appendix A: Data Subject Request Procedure: Detailed process for handling data subject rights requests
Authors
Technology and Software
Healthcare and Pharmaceuticals
Financial Services
E-commerce
Manufacturing
Professional Services
Telecommunications
Education
Research and Development
Retail
Insurance
Logistics and Transportation
Cloud Services
Consulting
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Operations
Data Protection
Procurement
Vendor Management
Corporate Governance
International Operations
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Officer
Privacy Manager
Risk Manager
IT Director
Chief Information Security Officer
Operations Director
Contract Manager
Chief Legal Officer
Chief Technology Officer
Privacy Analyst
Compliance Officer
Data Protection Specialist
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