Controller To Controller DPA Template for Denmark

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Key Requirements PROMPT example:

Controller To Controller DPA

I need a Controller to Controller DPA under Danish law for sharing customer analytics data between our Danish fintech company and a German marketing analytics provider, with specific provisions for cross-border transfers and special categories of personal data to be implemented by March 2025.

What is a Controller To Controller DPA?

This Controller to Controller DPA is essential when two organizations, each acting as independent data controllers under GDPR, need to share personal data in Denmark or across the EU. The document is specifically designed to comply with Danish data protection law and GDPR requirements, providing a robust framework for data sharing arrangements. It should be used whenever organizations need to establish clear protocols for sharing personal data while maintaining their independent controller status. The agreement covers crucial aspects such as security measures, data subject rights, breach notification procedures, and compliance responsibilities, ensuring both parties understand and can meet their obligations under Danish and EU data protection law. This document is particularly important for organizations that regularly exchange personal data as part of their business operations or collaborative projects.

What sections should be included in a Controller To Controller DPA?

1. Parties: Identification of the data controllers entering into the agreement, including their registered addresses and contact details

2. Background: Context of the data sharing relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, aligned with GDPR definitions and any additional specific terms

4. Scope and Purpose: Detailed description of the data sharing activities and their legitimate purposes

5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities

6. Categories of Data and Data Subjects: Specification of personal data types being shared and categories of data subjects

7. Legal Basis for Processing: Identification of the legal grounds under GDPR for the data sharing

8. Data Protection Principles: Commitment to GDPR principles and how they will be upheld

9. Security Measures: Technical and organizational measures for data protection

10. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected

11. Personal Data Breaches: Notification requirements and procedures for handling data breaches

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

13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Controller To Controller DPA?

1. International Transfers: Required when personal data will be transferred outside the EEA, including appropriate safeguards

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

3. Sub-processing: Terms governing the use of sub-processors by either controller

4. Joint Processing Activities: Required when controllers jointly determine purposes and means of specific processing activities

5. Liability and Indemnification: Detailed provisions on allocation of liability between controllers

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Audit Rights: Provisions for mutual auditing of data protection compliance

What schedules should be included in a Controller To Controller DPA?

1. Schedule 1 - Data Processing Details: Detailed description of data types, processing purposes, and data subject categories

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both controllers

3. Schedule 3 - Contact Points and Escalation Procedure: Key contacts and procedures for operational matters and emergencies

4. Schedule 4 - Data Transfer Mechanisms: Details of transfer mechanisms where international transfers occur

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Standard Forms: Template forms for data subject requests, breach notifications, and other standard communications

7. Appendix B - Compliance Checklist: Checklist for ongoing compliance monitoring and documentation

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

Financial Services

Healthcare

Insurance

Technology

Telecommunications

Professional Services

Education

Retail

Manufacturing

Research and Development

Government and Public Sector

Consulting Services

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Privacy

Operations

Commercial

Procurement

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Information Officer

Privacy Manager

Data Protection Manager

Commercial Director

Chief Legal Officer

Contract Manager

Chief Technology Officer

Operations Director

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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