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Personal Information Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Personal Information Confidentiality Agreement

"I need a Personal Information Confidentiality Agreement under German law for our software development company to use with external IT consultants who will have access to our customer database starting March 2025, with particular emphasis on international data transfers as the consultants are based in India."

Document background
The Personal Information Confidentiality Agreement is essential for organizations operating under German jurisdiction that need to share or process personal data with third parties, employees, or service providers. This document is particularly crucial given Germany's strict data protection requirements and the obligations under both the GDPR and the German Federal Data Protection Act (BDSG). It should be used whenever personal information needs to be shared or accessed by parties outside the standard data controller-processor relationship, or when additional confidentiality obligations need to be imposed. The agreement covers aspects such as data handling procedures, security requirements, breach notifications, and compliance with data subject rights, while considering specific German legal requirements regarding personal data protection and privacy.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms including 'Personal Information', 'Processing', 'Data Subject', 'Confidential Information' aligned with GDPR definitions

4. Scope of Confidential Information: Detailed description of what personal information is covered by the agreement

5. Confidentiality Obligations: Core obligations regarding handling and protecting personal information

6. Permitted Use and Processing: Specific purposes for which the personal information may be processed

7. Security Measures: Required technical and organizational measures to protect personal information

8. Data Subject Rights: Obligations regarding data subject access requests and other GDPR rights

9. Breach Notification: Procedures for reporting any personal data breaches

10. Return or Destruction of Information: Requirements for handling personal information upon termination

11. Term and Termination: Duration of the agreement and termination conditions

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

13. Signatures: Execution blocks for all parties

Optional Sections

1. Third Party Disclosure: Include when the receiving party may need to share information with authorized third parties

2. International Transfers: Include when personal data may be transferred outside the EU/EEA

3. Audit Rights: Include when the disclosing party requires rights to audit compliance

4. Insurance Requirements: Include when specific insurance coverage for data protection is required

5. Employee Training: Include when the receiving party needs to provide specific training to staff

6. Subcontractor Provisions: Include when the receiving party may engage subcontractors

7. Specific Industry Requirements: Include when the agreement relates to specific regulated industries (e.g., healthcare, financial services)

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the agreement

2. Schedule 2 - Approved Security Measures: Specific technical and organizational measures required

3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors (if applicable)

4. Appendix A - Data Processing Details: Detailed information about processing activities as required by GDPR Article 28

5. Appendix B - Transfer Mechanisms: Details of mechanisms for international transfers (if applicable)

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












































Clauses



























Relevant Industries

Technology

Healthcare

Financial Services

Insurance

Consulting

Education

Retail

Manufacturing

Professional Services

Telecommunications

Human Resources

Legal Services

Marketing and Advertising

Research and Development

Public Sector

Relevant Teams

Legal

Human Resources

Information Technology

Data Protection

Compliance

Information Security

Risk Management

Operations

Procurement

Contract Management

Privacy

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

HR Manager

IT Manager

Compliance Officer

Information Security Manager

Risk Manager

Project Manager

Business Development Manager

Operations Manager

Systems Administrator

Database Administrator

HR Business Partner

Procurement Manager

Contract Manager

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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