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Joint Controller Agreement Template for Germany

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Key Requirements PROMPT example:

Joint Controller Agreement

"I need a Joint Controller Agreement for a collaboration between our healthcare software company and a medical research institute, where we'll jointly process patient data for research purposes starting March 2025, with specific provisions for handling sensitive health data and compliance with German medical data protection requirements."

Document background
The Joint Controller Agreement is essential when multiple organizations jointly determine how personal data is processed, as required by Article 26 of the GDPR and German data protection law. This document becomes necessary in scenarios such as shared platforms, joint ventures, collaborative research projects, or any situation where multiple entities have decisive influence over data processing purposes and means. The agreement must comply with both EU-level requirements and specific German legal provisions, including the Federal Data Protection Act (BDSG). It outlines the respective responsibilities of each controller, establishes procedures for ensuring data subject rights, defines security measures, and creates clear protocols for incident response and regulatory compliance. The document is particularly crucial in the German legal context, where data protection requirements are strictly enforced and supervisory authorities maintain high compliance standards.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the joint processing activities and relationship between the parties

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose: Definition of the joint processing activities covered by the agreement

5. Roles and Responsibilities: Division of data protection responsibilities between the joint controllers

6. Data Subject Rights: Procedures for handling data subject requests and designated contact points

7. Transparency: Requirements for informing data subjects about the arrangement between controllers

8. Security Measures: Technical and organizational measures required for data protection

9. Data Breach Notification: Procedures for handling and reporting personal data breaches

10. Cooperation with Supervisory Authorities: Process for responding to regulatory inquiries and investigations

11. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions

12. Term and Termination: Duration of the agreement and termination provisions

13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction

Optional Sections

1. International Data Transfers: Required when personal data is transferred outside the EEA

2. Sub-processing: Include when either controller may engage sub-processors

3. Industry-Specific Compliance: Required for regulated industries like healthcare or finance

4. Joint Marketing Activities: Include when controllers collaborate on marketing initiatives

5. Audit Rights: Optional provisions for mutual auditing of compliance

6. Insurance Requirements: Specific insurance obligations for high-risk processing

7. Cost Allocation: Include when there are shared costs for compliance measures

8. Data Retention: Specific retention periods and deletion procedures if not covered in main sections

Suggested Schedules

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

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by each controller

3. Schedule 3 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

4. Schedule 4 - Data Breach Response Plan: Detailed protocol for responding to data breaches

5. Schedule 5 - Contact Points: List of key contacts for each controller for various purposes

6. Appendix A - Standard Forms: Templates for data subject requests, breach notifications, and other standard communications

7. Appendix B - Information Notice: Template for informing data subjects about the joint controller arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Technology and Software

Healthcare

Financial Services

E-commerce

Education

Marketing and Advertising

Research and Development

Professional Services

Telecommunications

Manufacturing

Real Estate

Insurance

Transportation and Logistics

Retail

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Risk Management

Information Technology

Operations

Executive Leadership

Project Management

Business Development

Procurement

Privacy

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Risk Manager

Chief Technology Officer

Project Manager

Business Development Manager

Operations Director

Chief Executive Officer

Chief Operating Officer

Data Protection Specialist

Privacy Manager

Contract Manager

General Counsel

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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