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Data Privacy Addendum

Data Privacy Addendum Template for Germany

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Key Requirements PROMPT example:

Data Privacy Addendum

"I need a Data Privacy Addendum under German law for our cloud services company that processes customer data in both Germany and India, with particular focus on international data transfers and subprocessor management, to be implemented by March 2025."

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Document background
The Data Privacy Addendum is a crucial legal document required whenever a company (data controller) engages another party (data processor) to process personal data on its behalf under German jurisdiction. It serves as a mandatory supplement to the main service agreement, ensuring compliance with Article 28 of the GDPR and the German Federal Data Protection Act (BDSG). This document becomes necessary when implementing new vendor relationships involving data processing, updating existing agreements to meet GDPR requirements, or establishing joint controller arrangements. It details specific obligations regarding data security, breach notification, sub-processing, and data subject rights, while incorporating Germany's stringent data protection standards and specific requirements for technical and organizational measures.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses

2. Background: Context of the existing relationship between parties and purpose of this DPA

3. Definitions: Key terms used in the agreement, aligned with GDPR Article 4 definitions and German law terminology

4. Scope and Purpose: Detailed description of the data processing activities covered by the DPA

5. Roles and Responsibilities: Clear designation of parties as controller, processor, or joint controllers and their respective obligations

6. Processing Instructions: Specific instructions for data processing, including permitted purposes and processing boundaries

7. Technical and Organizational Measures: Security measures required under GDPR Article 32 and German law

8. Confidentiality: Confidentiality obligations for personnel and data processing activities

9. Subprocessing: Rules and procedures for engaging subprocessors

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Data Breach Notification: Procedures and timelines for breach notification as per GDPR and German law requirements

12. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance

13. Data Return and Deletion: Obligations regarding data handling upon agreement termination

14. Liability and Indemnification: Allocation of liability and indemnification obligations

15. Term and Termination: Duration of the DPA and termination provisions

Optional Sections

1. Cross-Border Transfers: Required when personal data will be transferred outside the EU/EEA, including SCCs and transfer impact assessments

2. Special Categories of Data: Required when processing sensitive personal data under Article 9 GDPR

3. Joint Controller Provisions: Required when parties act as joint controllers under Article 26 GDPR

4. Industry-Specific Requirements: Required for specific sectors (e.g., healthcare, telecommunications) subject to additional regulations

5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals

6. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks

7. Local Representative: Required when either party needs an EU/German representative under Article 27 GDPR

Suggested Schedules

1. Technical and Organizational Measures: Detailed description of security measures implemented by the processor

2. Processing Activities: Detailed list of processing activities, including categories of data subjects, personal data, and processing purposes

3. Approved Subprocessors: List of approved subprocessors, their locations, and processing activities

4. Standard Contractual Clauses: EU SCCs for international data transfers, if applicable

5. Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Security Audit Requirements: Specific requirements and procedures for security audits

7. Data Retention Schedule: Specific retention periods for different categories of personal data

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































Clauses






























Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Manufacturing

Professional Services

Education

Insurance

Retail

Cloud Services

Marketing and Advertising

Research and Development

Transportation and Logistics

Relevant Teams

Legal

Privacy

Compliance

Information Security

Information Technology

Risk Management

Procurement

Vendor Management

Operations

Data Protection

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Privacy Manager

Compliance Officer

Information Security Manager

IT Director

Chief Information Security Officer

Risk Manager

Procurement Manager

Vendor Management Officer

Chief Technology Officer

Operations Director

Chief Legal Officer

Contract Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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