Privacy Agreement Template for Germany

This Privacy Agreement template is essential for organizations processing personal data under German jurisdiction, where compliance with both the GDPR and German Federal Data Protection Act (BDSG) is mandatory. The document is typically used when establishing data processing relationships between controllers and processors, or when defining joint controller arrangements. It covers crucial aspects such as data security measures, breach notification procedures, data subject rights, and specific German legal requirements. The Privacy Agreement is particularly important given Germany's strict data protection regime and the significant penalties for non-compliance. It should be customized based on the specific data processing activities, types of data involved, and the relationship between the parties.

1. Parties: Identification of the data controller and data processor/other parties to the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Data Processing: Clear description of what personal data will be processed and for what specific purposes

5. Categories of Data and Data Subjects: Detailed specification of the types of personal data and categories of data subjects affected

6. Rights and Obligations of the Controller: Responsibilities and commitments of the data controller under GDPR and BDSG

7. Rights and Obligations of the Processor: Specific duties and obligations of the data processor in handling personal data

8. Data Security Measures: Technical and organizational measures implemented to ensure data security

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their GDPR rights

10. Data Breach Notification: Procedures and timelines for reporting and handling data breaches

11. Confidentiality: Obligations regarding data confidentiality and professional secrecy

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

13. Return or Deletion of Data: Procedures for handling personal data after contract termination

14. Governing Law and Jurisdiction: Specification of German law application and jurisdictional matters