This NDA Data Protection agreement is designed for use in business relationships where parties need to exchange confidential information and process personal data under German jurisdiction. It combines traditional non-disclosure provisions with comprehensive data protection requirements mandated by the GDPR and German Federal Data Protection Act (BDSG). The document is particularly relevant when parties need to share trade secrets, business know-how, or technical information while also processing personal data. It includes specific provisions required under German law for data processing activities, security measures, and breach notification procedures. This agreement is essential for establishing clear obligations and responsibilities regarding both confidentiality and data protection compliance, especially in business relationships where one party acts as a data controller and the other as a data processor, or where both parties act as joint controllers.
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1. Parties: Identification of the contracting parties, including their roles as data controllers/processors if applicable
2. Background: Context of the agreement, nature of the confidential information and data processing activities
3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Security Measures
4. Scope and Purpose: Permitted purposes for using confidential information and processing personal data
5. Confidentiality Obligations: Core confidentiality duties, including handling, protection, and non-disclosure requirements
6. Data Protection Compliance: GDPR and BDSG compliance requirements, including data processing principles and legal bases
7. Security Measures: Technical and organizational measures for protecting confidential information and personal data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring GDPR compliance
9. Breach Notification: Procedures for reporting security incidents and data breaches
10. Return or Destruction: Requirements for returning or destroying confidential information and personal data
11. Term and Termination: Duration of obligations and termination provisions
12. Governing Law and Jurisdiction: German law governance and jurisdiction specifications
1. International Data Transfers: Required when personal data may be transferred outside the EU/EEA
2. Subprocessing: Include when the receiving party may need to engage subcontractors to process data
3. Audit Rights: Detailed audit provisions when regular compliance verification is required
4. Insurance Requirements: Specific insurance obligations for high-risk data processing activities
5. Joint Controller Provisions: Required when parties act as joint controllers under GDPR
6. Industry-Specific Compliance: Additional requirements for regulated industries (e.g., healthcare, finance)
1. Schedule 1 - Technical and Organizational Measures: Detailed description of security measures and controls implemented
2. Schedule 2 - Processing Details: Specific details of data processing activities including categories of data and purposes
3. Schedule 3 - Authorized Subprocessors: List of approved subprocessors and their processing activities
4. Appendix A - Data Processing Agreement: Detailed GDPR Article 28 compliant processing terms if required
5. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting security incidents
6. Appendix C - Contact Details: Key contacts for data protection, breach notification, and general communications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research & Development
E-commerce
Telecommunications
Education
Pharmaceutical
Insurance
Consulting
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Privacy
Operations
Human Resources
Procurement
Research & Development
Risk Management
Information Technology
Business Development
Relevant Roles
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Project Manager
Business Development Manager
Operations Director
HR Manager
Procurement Manager
Research Director
Chief Information Security Officer
Risk Manager
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