The Intercompany Data Processing Agreement is essential for corporate groups operating in Germany who need to establish compliant data processing relationships between group entities. This document is required whenever one group company processes personal data on behalf of another group company, ensuring compliance with Article 28 GDPR and German data protection law. It addresses specific requirements under German jurisdiction, including the BDSG, while accounting for the interconnected nature of group operations. The agreement is particularly important in the context of shared services arrangements, IT infrastructure sharing, and centralized data processing operations within corporate groups. It includes provisions for technical and organizational measures, data breach notifications, audit rights, and sub-processing arrangements, all tailored to the German legal framework and intra-group relationships.
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1. Parties: Identification of the controller and processor entities within the company group, including registration details as required under German law
2. Background: Context of the agreement, relationship between the group companies, and purpose of the data processing arrangement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and company group-specific terms
4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes
5. Duration of Processing: Term of the agreement and processing activities
6. Nature and Purpose of Processing: Specific details about how and why the data will be processed
7. Obligations of the Processor: GDPR Article 28 requirements including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements
8. Obligations of the Controller: Responsibilities of the controlling entity including providing documented instructions and ensuring lawful basis for processing
9. Technical and Organizational Measures: Security measures implemented to ensure appropriate data protection
10. Sub-processing: Conditions and requirements for engaging sub-processors
11. Data Subject Rights: Procedures for handling data subject requests and providing assistance
12. Data Breach Notification: Procedures and timeframes for reporting data breaches
13. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
14. Termination: Conditions for termination and data handling upon termination
15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data processing involves transfers outside the EEA, incorporating EU Standard Contractual Clauses
2. Group-Wide Governance: Used when the agreement needs to interface with broader group data protection policies and procedures
3. Special Categories of Data: Required when processing involves sensitive data under Article 9 GDPR
4. Cost Allocation: Used when there are specific charging arrangements between group companies for processing services
5. Insurance Requirements: Optional section specifying insurance obligations, particularly relevant for high-risk processing
6. Business Continuity: Detailed requirements for ensuring continuous service, necessary for critical processing activities
1. Description of Processing Activities: Detailed matrix of processing activities, including data categories, purposes, and retention periods
2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Contact Details and Escalation Protocol: Key contacts for operational matters, data breaches, and dispute resolution
5. Data Transfer Mechanisms: Details of transfer mechanisms used for any international data transfers
6. Service Levels: Specific performance metrics and response times for processing activities
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