Joint Controller Agreement Template for Austria

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Key Requirements PROMPT example:

Joint Controller Agreement

"I need a Joint Controller Agreement under Austrian law for a collaboration between our medical research institute and a university hospital, where we'll jointly process patient data for a clinical trial starting March 2025; the agreement must include specific provisions for handling sensitive health data and research ethics compliance."

Document background
A Joint Controller Agreement is required when two or more entities jointly determine the purposes and means of processing personal data under Austrian law and GDPR requirements. This document is essential when organizations collaborate on data processing activities, share data resources, or jointly operate systems or platforms involving personal data. The agreement must comply with Article 26 of the GDPR and the Austrian Data Protection Act (DSG), providing transparent allocation of responsibilities between controllers, clear procedures for data subject rights, and specific measures for ensuring data protection compliance. It's particularly crucial in scenarios such as shared platforms, joint research projects, or collaborative service delivery where multiple parties have decision-making power over data processing.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the joint processing activities and relationship between the parties

3. Definitions: Key terms used in the agreement, including those from GDPR and specific processing activities

4. Scope and Purpose: Define the processing activities covered by the joint controller arrangement

5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers for GDPR compliance

6. Data Subject Rights: Procedures for handling data subject requests and designated contact points

7. Data Security: Security measures implemented by each controller and shared security responsibilities

8. Data Breach Notification: Procedures for handling and reporting personal data breaches

9. Liability and Indemnification: Distribution of liability between controllers and indemnification arrangements

10. Term and Termination: Duration of the agreement and conditions for termination

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Subprocessors: Include when either controller uses subprocessors for the joint processing activities

2. International Transfers: Required when personal data is transferred outside the EEA

3. Insurance: Include when specific insurance requirements need to be maintained by the parties

4. Audit Rights: Optional section detailing mutual audit rights between controllers

5. Cost Allocation: Include when there are shared costs for the joint processing activities

6. Data Protection Impact Assessment: Required when processing likely results in high risk to individuals

7. Joint Controller Contact Points: Include when specific organizational units or roles need to be designated as contact points

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of joint processing activities, including categories of data and purposes

2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by each controller

3. Schedule 3 - Data Subject Information: Template privacy notices and information provided to data subjects

4. Schedule 4 - Data Breach Response Plan: Detailed procedures and contact information for breach response

5. Appendix A - Contact Details: Key contacts for each controller for various purposes under the agreement

6. Appendix B - Subprocessor List: Current list of approved subprocessors (if applicable)

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
Relevant Industries

Technology

Healthcare

Financial Services

Education

Research & Development

Public Sector

Retail

Marketing & Advertising

Professional Services

Manufacturing

Telecommunications

Insurance

Transportation & Logistics

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT

Risk Management

Operations

Information Governance

Privacy

Procurement

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Project Manager

Operations Director

Chief Legal Officer

Contract Manager

Privacy Manager

Data 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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