Data Processing Agreement for Germany

Data Processing Agreement Template for Germany

A German-law governed Data Processing Agreement (DPA) is a legally binding document that establishes the rights and obligations between a data controller and a data processor in accordance with the GDPR and German Federal Data Protection Act (BDSG). This agreement ensures compliance with both EU-wide and German-specific data protection requirements, detailing the scope of data processing activities, security measures, confidentiality obligations, and procedures for handling data breaches. It includes specific provisions required under German law, particularly regarding employee data protection and local regulatory requirements, while incorporating necessary safeguards for international data transfers where applicable.

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What is a Data Processing Agreement?

A Data Processing Agreement is required whenever a company (controller) engages another company (processor) to process personal data on its behalf under German law. This mandatory agreement, governed by Article 28 GDPR and the German Federal Data Protection Act (BDSG), establishes the framework for compliant data processing activities. It must be in place before any data processing begins and should detail the scope of processing, security measures, confidentiality requirements, sub-processing conditions, and incident response procedures. The agreement is particularly crucial in Germany due to strict local data protection requirements and regulatory oversight. It serves as both a legal compliance document and a practical guideline for operational data handling, incorporating specific German legal requirements while ensuring alignment with broader EU data protection principles.

What sections should be included in a Data Processing Agreement?

1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and addresses

2. Background: Context of the processing relationship and reference to the main service agreement

3. Definitions: Key terms used in the agreement, incorporating GDPR Article 4 definitions and any additional contract-specific terms

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data subjects, and types of personal data

5. Duration of Processing: Timeline of the processing activities and conditions for termination

6. Obligations of the Processor: Processor's duties under GDPR Article 28, including processing only on documented instructions

7. Confidentiality: Confidentiality obligations and ensuring staff commitments to confidentiality

8. Security of Processing: Implementation of appropriate technical and organizational measures

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Processor's assistance in responding to data subject requests

11. Data Breach Notification: Procedures and timelines for reporting personal data breaches

12. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance

13. Data Return and Deletion: Obligations regarding data handling upon agreement termination

14. Liability and Indemnification: Allocation of responsibility and liability between parties

15. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

What sections are optional to include in a Data Processing Agreement?

1. International Data Transfers: Required when personal data will be transferred outside the EU/EEA, incorporating SCCs if necessary

2. Special Categories of Data: Additional safeguards when processing special categories of personal data under Article 9 GDPR

3. Employee Data Protection: Specific provisions required when processing employee data under German law

4. Data Protection Impact Assessment: Cooperation obligations when DPIA is required

5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications)

6. Insurance Requirements: Specific insurance obligations for data protection

7. Force Majeure: Provisions for handling extraordinary circumstances affecting data processing

What schedules should be included in a Data Processing Agreement?

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

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by the processor, including access controls, encryption, and backup procedures

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms if applicable, including SCCs

5. Appendix 1 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix 2 - Audit Procedures: Specific procedures and requirements for conducting audits

7. Appendix 3 - Data Deletion Protocol: Technical procedures for secure data deletion and certification

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

E-commerce and Retail

Professional Services

Manufacturing

Education

Telecommunications

Insurance

Real Estate

Logistics and Transportation

Media and Entertainment

Energy and Utilities

Public Sector

Consulting Services

Relevant Teams

Legal

Privacy

Information Security

Compliance

IT

Procurement

Risk Management

Information Governance

Operations

Vendor Management

Data Protection

Contract Management

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Information Security Manager

Compliance Officer

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Manager

Procurement Manager

Contract Manager

Risk Manager

Information Governance Manager

Chief Legal Officer

Chief Compliance Officer

Data Protection Specialist

IT Security Specialist

Operations Director

Project Manager

Vendor Management Officer

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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