The Data Processing Addendum is a critical document required whenever an organization (the controller) engages another party (the processor) to process personal data on its behalf. This document, governed by German law, ensures compliance with both the GDPR and the German Federal Data Protection Act (BDSG), establishing specific obligations, technical requirements, and safeguards for data processing activities. It must be implemented before any data processing begins and should be regularly reviewed to ensure ongoing compliance. The DPA includes detailed provisions for data security measures, breach notification procedures, sub-processor engagement, international data transfers, and audit rights, tailored to meet the stringent requirements of German data protection law.
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1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses
2. Background: Context of the agreement, reference to the main service agreement, and purpose of the DPA
3. Definitions: Key terms used in the agreement, including those from GDPR and German law (BDSG)
4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data subjects and personal data
5. Duration: Term of the DPA, typically linked to the main agreement's duration
6. Obligations of the Processor: Core processor obligations under GDPR Art. 28 and BDSG, including processing only on documented instructions
7. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring legal basis for processing
8. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests
11. Data Protection Impact Assessment: Cooperation requirements for DPIAs and prior consultations
12. Data Breach Notification: Procedures and timeframes for reporting personal data breaches
13. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
14. Data Return and Deletion: Obligations regarding data handling upon agreement termination
15. Liability and Indemnification: Allocation of responsibility and liability between parties
1. International Data Transfers: Required when personal data may be transferred outside the EEA, incorporating EU SCCs and additional safeguards
2. Sector-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications) under German law
3. Joint Controller Provisions: Required when the relationship includes elements of joint controllership
4. Data Protection Officer: Specific provisions when either party has appointed a DPO under GDPR or BDSG requirements
5. Insurance Requirements: Specific insurance obligations for data protection risks
6. Emergency Protocols: Special procedures for emergency processing situations
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers, including SCCs if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for key personnel, including data protection officers and emergency contacts
7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits
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