Controller Processor Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
This Controller Processor Agreement is essential for any business relationship where one party (the processor) processes personal data on behalf of another party (the controller) under Austrian jurisdiction. The agreement is required under Article 28 of the GDPR and Austrian data protection law, serving as a crucial compliance document that outlines the terms and conditions for lawful data processing activities. It should be implemented before any data processing begins and must address specific requirements including security measures, confidentiality obligations, sub-processor arrangements, and data subject rights. The document is particularly important given Austria's strict interpretation of data protection requirements and the potential significant penalties for non-compliance under both GDPR and Austrian law.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

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

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Data Protection

Information Governance

Procurement

Vendor Management

Relevant Roles

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

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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