The International Data Protection Agreement is essential for organizations engaging in cross-border data transfers where at least one party is subject to German law. This agreement becomes necessary when personal data is processed across international boundaries, particularly when data is transferred outside the European Economic Area. It incorporates mandatory provisions required under the GDPR and BDSG, including Standard Contractual Clauses where applicable, technical and organizational measures for data protection, and specific obligations of data controllers and processors. The document is particularly critical following the Schrems II decision, which heightened requirements for international data transfers. It must be customized based on the specific data processing activities, risk levels, and the countries involved in the data transfer.
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1. Parties: Identification of the data exporter and data importer, including their roles (controller/processor)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, aligned with GDPR definitions
4. Scope and Purpose: Details of the data processing activities covered by the agreement
5. Roles and Responsibilities: Clear designation of parties' roles under GDPR and their general obligations
6. Data Processing Principles: Commitment to GDPR principles and lawful processing requirements
7. Security Measures: Technical and organizational measures for data protection
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring rights
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Audit Rights: Rights and procedures for auditing compliance
12. International Transfers: Mechanisms and safeguards for international data transfers
13. Term and Termination: Duration of agreement and termination provisions
14. Return or Deletion of Data: Obligations regarding data handling upon termination
15. Liability and Indemnification: Allocation of risks and responsibilities
16. Governing Law and Jurisdiction: Specification of German law and jurisdiction
1. Specific Industry Requirements: Additional provisions for regulated industries (healthcare, financial services, etc.)
2. Data Protection Impact Assessment: Provisions regarding DPIAs when processing poses high risks
3. Insurance Requirements: Specific insurance obligations for data protection
4. Joint Controller Provisions: Additional terms when parties act as joint controllers
5. Sovereign Immunity: Special provisions when dealing with public bodies or government entities
6. Local Representative: Requirements for EU/German representatives for non-EU parties
7. Emergency Protocols: Special procedures for urgent data protection incidents
8. Cost Allocation: Specific provisions on how data protection compliance costs are shared
1. Schedule 1: Processing Details: Detailed description of processing activities, categories of data and data subjects
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented
3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Schedule 5: Standard Contractual Clauses: Incorporated EU SCCs for international transfers
6. Schedule 6: Contact Details: Key contacts for data protection matters and breach notification
7. Schedule 7: Audit Procedures: Detailed procedures for conducting compliance audits
8. Appendix A: Data Subject Request Procedure: Detailed process for handling data subject rights requests
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