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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."
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
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
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
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
Legal
Compliance
Data Protection
Information Security
Risk Management
Information Technology
Operations
Executive Leadership
Project Management
Business Development
Procurement
Privacy
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
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