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Controller To Controller DPA
"I need a Controller-to-Controller DPA under Austrian law for my fintech company to share customer transaction data with a credit scoring agency, with specific focus on cross-border transfers to Germany and enhanced security measures."
1. Parties: Identification of the data controllers, including full legal names, registration details, and contact information
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and Austrian legal terms
4. Scope and Purpose: Detailed description of the data sharing activities and legitimate purposes for processing
5. Roles and Responsibilities: Clear delineation of each party's role as an independent controller and their respective obligations
6. Data Protection Principles: Commitment to GDPR principles and specific measures to ensure compliance
7. Legal Basis for Processing: Identification and documentation of legal bases for data processing and sharing
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised
9. Security Measures: Technical and organizational measures required for data protection
10. Data Breach Notification: Procedures and timeframes for notifying each other of data breaches
11. Liability and Indemnification: Allocation of responsibilities and liabilities between the parties
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
1. International Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards and SCCs
2. Joint Activities: Used when parties engage in any joint processing activities requiring coordination
3. Audit Rights: Optional provisions for mutual auditing of data protection practices
4. Insurance Requirements: Specific insurance obligations for data protection risks
5. Sub-processing: Include if either party may engage sub-processors for the shared data
6. Data Protection Impact Assessments: Required when processing is likely to result in high risk to individuals
7. Language: Required when the agreement needs to be in multiple languages or specify a prevailing language
1. Schedule 1: Categories of Personal Data: Detailed list of personal data categories being shared between the parties
2. Schedule 2: Technical and Organizational Measures: Specific security measures implemented by each party
3. Schedule 3: Data Transfer Mechanisms: Details of transfer mechanisms and safeguards for international transfers
4. Schedule 4: Contact Points: List of key contacts for operational, legal, and data protection matters
5. Schedule 5: Processing Activities: Detailed description of processing activities carried out by each party
6. Appendix A: Standard Contractual Clauses: If required for international transfers, the applicable SCCs
7. Appendix B: Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Applicable Data Protection Laws
Austrian Data Protection Act
Austrian Data Protection Authority
Business Day
Business Hours
Controller
Consent
Data Protection Impact Assessment
Data Protection Laws
Data Security Breach
Data Subject
Data Subject Request
DSG
EEA
Effective Date
EU Standard Contractual Clauses
GDPR
Information Security Incident
Joint Processing Activities
Law
Notice
Personal Data
Personal Data Breach
Processing
Processor
Receiving Controller
Regulatory Authority
Representatives
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Third Party
Transfer Mechanisms
Transferring Controller
Definitions
Scope
Controller Obligations
Data Protection Compliance
Data Processing Principles
Legal Basis for Processing
Technical and Organizational Measures
Data Subject Rights
Cross-border Transfers
Confidentiality
Security Requirements
Breach Notification
Audit Rights
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Survival
Assignment
Severability
Entire Agreement
Notices
Amendments
Governing Law
Jurisdiction
Dispute Resolution
Language
Counterparts
Financial Services
Healthcare
Insurance
Technology
Telecommunications
Professional Services
Education
Retail
Manufacturing
Public Sector
Research and Development
Pharmaceuticals
Marketing and Advertising
Human Resources Services
Real Estate
Legal
Compliance
Data Protection
Information Security
Risk Management
IT
Privacy
Operations
Business Development
Procurement
Vendor Management
Information Governance
Regulatory Affairs
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Privacy Officer
Chief Legal Officer
Chief Compliance Officer
Chief Information Security Officer
Data Governance Manager
Privacy Analyst
Compliance Analyst
Contract Manager
Business Development Manager
Project Manager
IT Security Manager
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