The Data Transfer Addendum is essential for organizations transferring personal data under German jurisdiction, whether between group companies, to service providers, or across borders. It supplements existing service or commercial agreements by specifically addressing data protection requirements under German and EU law. This document becomes necessary when personal data is shared between separate legal entities or across jurisdictions, particularly when one party acts as a data controller and another as a data processor. The addendum ensures compliance with the German Federal Data Protection Act (BDSG), GDPR, and includes provisions for international transfers through Standard Contractual Clauses where required. It should be implemented whenever there is systematic sharing of personal data, especially in cross-border scenarios or when engaging new service providers who will process personal data.
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1. Parties: Identification of the data exporter and data importer, including their roles under GDPR (controller/processor)
2. Background: Context of the addendum, reference to the main agreement, and purpose of the data transfer arrangement
3. Definitions: Key terms used in the addendum, including those from GDPR, BDSG, and specific technical terms
4. Scope and Purpose of Processing: Detailed description of data processing activities, categories of data subjects and personal data
5. Duration and Termination: Term of the addendum, relationship to main agreement's duration, termination rights
6. Data Protection Obligations: Core obligations of parties regarding data protection, security measures, and compliance
7. Data Transfer Mechanisms: Legal basis for transfers, including SCCs if needed for transfers outside EEA
8. Security Measures: Overview of technical and organizational measures required for data protection
9. Audit Rights: Procedures for monitoring compliance and conducting audits
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Liability and Indemnification: Allocation of responsibility and liability between parties
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Sub-processing: Required when the data importer may engage sub-processors
2. Data Subject Rights: Include when direct interaction with data subjects is expected
3. Return or Deletion of Data: Detailed procedures for data handling upon termination
4. Insurance Requirements: Include for high-risk or high-value data processing
5. Special Categories of Data: Required when processing sensitive personal data under Article 9 GDPR
6. Cross-border Transfer Impact Assessment: Required for transfers to non-adequate jurisdictions post-Schrems II
1. Schedule 1 - Description of Transfer: Detailed information about the transfer including data categories, purposes, and recipients
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by both parties
3. Schedule 3 - Standard Contractual Clauses: EU SCCs if required for international transfers
4. Schedule 4 - Sub-processors: List of approved sub-processors and process for adding new ones
5. Schedule 5 - Transfer Impact Assessment: Assessment of transfer risks and mitigation measures
6. Appendix A - Contact Details: Contact information for data protection officers and responsible personnel
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