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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."
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
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)
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
Technology
Healthcare
Financial Services
Insurance
Consulting
Education
Retail
Manufacturing
Professional Services
Telecommunications
Human Resources
Legal Services
Marketing and Advertising
Research and Development
Public Sector
Legal
Human Resources
Information Technology
Data Protection
Compliance
Information Security
Risk Management
Operations
Procurement
Contract Management
Privacy
Vendor Management
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
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