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Controller Processor Agreement
"I need a Controller Processor Agreement under Austrian law for my software company acting as a processor for multiple EU clients, with a focus on cloud storage services and including provisions for sub-processors in Germany and France."
1. Parties: Identification of the Data Controller and Data Processor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement
3. Definitions: Key terms used in the agreement, including those from GDPR Article 4 and additional contract-specific terms
4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes
5. Duration of Processing: Term of the processing activities and agreement, including start date and termination provisions
6. Nature and Purpose of Processing: Specific details about how the data will be processed and the legitimate basis for processing
7. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions
8. Obligations of the Controller: Controller's responsibilities, including providing documented instructions and ensuring legal basis for processing
9. Confidentiality: Confidentiality obligations for processor and their personnel handling the data
10. Technical and Organizational Measures: Security measures required under GDPR Article 32
11. Sub-processing: Conditions and requirements for engaging sub-processors
12. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests
13. Data Breach Notification: Procedures and timeframes for notifying controller of any personal data breaches
14. Audit Rights: Controller's rights to audit and processor's obligations to contribute to audits
15. Data Return and Deletion: Obligations regarding data handling upon termination of services
16. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
17. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required if personal data will be transferred outside the EEA, including transfer mechanisms and safeguards
2. Special Categories of Data: Required if processing involves sensitive data categories under GDPR Article 9
3. Data Protection Impact Assessment: Required if processing is likely to result in high risk to individuals
4. Insurance Requirements: Optional section specifying required insurance coverage for data processing activities
5. Force Majeure: Optional provisions for handling circumstances beyond parties' control
6. Alternative Dispute Resolution: Optional procedures for resolving disputes before litigation
1. Schedule 1: Processing Activities: Detailed description of processing activities, including categories of data subjects, personal data, and processing operations
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 mechanisms used for international data transfers (if applicable)
5. Schedule 5: Contact Points: List of key contacts for operational, technical, and legal matters
6. Schedule 6: Service Level Agreement: Specific performance metrics and response times for processor obligations
Authors
Applicable Data Protection Law
Austrian Data Protection Act
Authorized Sub-processor
Business Day
Business Hours
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
Information Security Incident
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Restricted Transfer
Services
Special Categories of Personal Data
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Written Instructions
Data Protection Officer
Confidential Information
Force Majeure Event
Representatives
Working Day
Sub-processor
Processing Location
Agreed Purpose
Effective Date
Appointment of Processor
Scope of Processing
Duration
Data Protection
Technical and Organizational Measures
Sub-processing
International Transfers
Confidentiality
Security
Audit Rights
Data Subject Rights
Data Breach Notification
Data Protection Impact Assessment
Return or Deletion of Data
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Notices
Assignment
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Technology and Software
Healthcare
Financial Services
E-commerce
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Real Estate
Retail
Hospitality
Consulting
Marketing and Advertising
Cloud Services
Research and Development
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Operations
Data Protection
Information Governance
Procurement
Vendor Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
IT Director
Chief Information Security Officer
Chief Technology Officer
Risk Manager
Operations Manager
Project Manager
Information Security Manager
Privacy Manager
Contract Manager
Chief Legal Officer
Data Protection Specialist
Information Governance Manager
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