The Third Party Data Sharing Agreement is essential for organizations operating under German jurisdiction that need to share personal or non-personal data with external parties. This document is particularly crucial given Germany's strict data protection regime, which combines EU GDPR requirements with additional provisions under the Federal Data Protection Act (BDSG) and state-level regulations. It becomes necessary when organizations need to share data for business purposes, research collaboration, service provision, or group operations. The agreement covers critical aspects such as data processing purposes, security measures, compliance requirements, and liability allocation. It's designed to protect both the data controller and recipient while ensuring compliance with German and EU data protection laws, incorporating necessary safeguards and enforcement mechanisms.
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1. Parties: Identification of the data controller/provider and the third party recipient, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the data sharing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms and data protection-specific terminology
4. Purpose and Scope: Specific purposes for which data can be shared and processed, including any limitations on use
5. Categories of Data: Detailed description of the types of personal and non-personal data to be shared
6. Legal Basis for Processing: Specification of the legal grounds under GDPR Article 6 (and if applicable Article 9) for the data processing
7. Data Protection Obligations: Comprehensive obligations regarding data protection, including security measures, confidentiality, and compliance with GDPR and BDSG
8. Technical and Organizational Measures: Required security measures and safeguards for data protection
9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
10. Breach Notification: Procedures and timelines for reporting and handling data breaches
11. Audit Rights: Rights and procedures for auditing compliance with the agreement
12. Term and Termination: Duration of the agreement and conditions for termination
13. Return or Deletion of Data: Obligations regarding data handling upon termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data will be transferred outside the EU/EEA, including mechanisms for ensuring adequate protection
2. Sub-processing: Needed when the third party may engage sub-processors, including authorization procedures
3. Special Categories of Data: Required when sensitive personal data under Article 9 GDPR is involved
4. Data Protection Impact Assessment: Needed for high-risk processing activities
5. Joint Controller Provisions: Required if the parties are acting as joint controllers rather than controller-processor
6. Industry-Specific Compliance: Needed for regulated industries like healthcare or finance
7. Insurance Requirements: Optional section specifying required insurance coverage for data protection
8. Force Majeure: Optional provisions for handling circumstances beyond parties' control
1. Schedule 1: Data Processing Details: Detailed specification of data types, processing activities, and purposes
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by the parties
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors if applicable
4. Schedule 4: Transfer Mechanisms: Details of international transfer mechanisms if applicable
5. Schedule 5: Contact Points: Key contacts for operational, technical, and legal matters
6. Schedule 6: Service Levels: Performance metrics and response times for data-related operations
7. Appendix A: Data Protection Impact Assessment: Full DPIA documentation if required
8. Appendix B: Standard Contractual Clauses: EU SCCs if required for international transfers
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