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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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