Joint Controller Agreement

Joint Controller Agreement Template for Denmark

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Document background

This Joint Controller Agreement template is designed for situations where multiple parties jointly determine the purposes and means of processing personal data under Danish law. It is essential when organizations collaborate on data processing activities, such as shared databases, joint research projects, or integrated service delivery. The agreement ensures compliance with Article 26 of the GDPR and Danish data protection requirements by clearly defining each party's responsibilities, establishing procedures for data subject rights, and setting out security measures. It includes mandatory provisions required by Danish law and the Datatilsynet's guidelines, making it suitable for both domestic and cross-border joint processing arrangements involving Danish entities.

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 those from GDPR and specific processing activities

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

5. Roles and Responsibilities: Clear allocation of responsibilities between joint controllers as required by GDPR Article 26

6. Transparent Communication: Arrangements for providing information to data subjects about joint processing

7. Data Subject Rights: Process for handling and responding to data subject requests

8. Security Measures: Security requirements and measures implemented by both parties

9. Personal Data Breach Management: Procedures for handling and reporting data breaches

10. Liability and Indemnification: Distribution of liability between controllers and indemnification arrangements

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

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Transfers: Required when personal data will be transferred outside the EEA

2. Audit Rights: Detailed audit provisions when regular compliance verification is needed

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

4. Sub-processing: Rules for engaging processors, if applicable to the joint processing activities

5. Marketing Activities: Specific provisions for joint marketing activities under Danish Marketing Practices Act

6. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services)

Suggested Schedules

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

2. Technical and Organizational Measures: Detailed security measures implemented by both parties

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

4. Contact Points and Escalation Procedure: List of key contacts and escalation procedures for both parties

5. Breach Notification Procedure: Detailed process for breach notification and management

6. Standard Forms: Template forms for data subject requests, breach notifications, and other standard communications

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