A Data Disclosure Agreement is essential when organizations need to share sensitive, confidential, or personal data while ensuring compliance with German and EU data protection laws. This document is particularly relevant in the German business environment where strict data protection regulations apply under both the GDPR and BDSG. It should be used whenever one party needs to disclose data to another party for specific purposes such as service provision, research, or business collaboration. The agreement covers crucial aspects including data processing obligations, security measures, breach notification requirements, and confidentiality provisions. It's specifically designed to meet German legal requirements while providing a framework for secure and compliant data sharing between organizations.
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1. Parties: Identification of the data discloser and recipient, including full legal names, registration details, and addresses
2. Background: Context of the agreement, purpose of data disclosure, and relationship between the parties
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Technical Data' and other relevant terms
4. Scope and Purpose of Data Disclosure: Detailed description of what data will be disclosed and the specific permitted purposes for its use
5. Data Protection Obligations: GDPR and BDSG compliance requirements, including legal basis for processing, data subject rights, and security measures
6. Confidentiality Obligations: Obligations regarding data confidentiality, permitted uses, and protection requirements
7. Technical and Organizational Measures: Required security measures for data protection, including specific GDPR Article 32 requirements
8. Data Transfer and Processing: Rules for data handling, including any international transfers and sub-processor requirements
9. Breach Notification: Procedures and timelines for reporting data breaches or security incidents
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Destruction of Data: Obligations regarding data handling upon termination
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Audit Rights: Optional section for when regular auditing of data handling practices is required, particularly relevant for sensitive data or regulated industries
2. Insurance Requirements: Optional section specifying required insurance coverage, relevant for high-risk data processing activities
3. Data Transfer to Third Countries: Required when data may be transferred outside the EU/EEA, including Standard Contractual Clauses
4. Specific Industry Compliance: Additional requirements for specific industries (e.g., healthcare, financial services)
5. Sub-processor Management: Detailed procedures for appointing and managing sub-processors, relevant when sub-processing is anticipated
6. Joint Controller Provisions: Required when parties act as joint controllers under GDPR Article 26
7. Service Levels: Optional section defining performance metrics and standards for data handling
1. Schedule 1: Description of Data Processing: Detailed description of data categories, processing purposes, and data subjects
2. Schedule 2: Technical and Organizational Measures: Detailed specification of security measures and controls
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their roles, if applicable
4. Schedule 4: Transfer Mechanisms: Details of mechanisms for international data transfers, including SCCs if needed
5. Schedule 5: Contact Points: List of key contacts for operational, technical, and legal matters
6. Appendix A: Data Fields and Categories: Specific listing of data fields and categories to be disclosed
7. Appendix B: Standard Contractual Clauses: EU SCCs if required for international transfers
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