A joint controller agreement template is a legal document that is created to outline the responsibilities and obligations of multiple parties who are jointly responsible for controlling and processing personal data. Under the General Data Protection Regulation (GDPR), joint controllers must have a written agreement in place that outlines how they will share responsibility and comply with GDPR requirements.
When two or more parties jointly control personal data, they are jointly responsible for ensuring that the data is processed in accordance with GDPR requirements. This includes ensuring that data subjects are informed about the processing of their personal data and are able to exercise their rights under the GDPR.
A joint controller agreement template is a valuable tool for ensuring that all parties involved in data processing are on the same page when it comes to their obligations and responsibilities. The template should include the following key elements:
1. Definitions: The agreement should define key terms related to the processing of personal data, including the data subjects, the data controllers, and the processing activities.
2. The purpose of the processing: The agreement should clearly outline the purpose of the processing activities, including why the personal data is being collected, how it will be used, and how long it will be retained.
3. Data transfer: The agreement should include provisions relating to the transfer of personal data between the joint controllers, including how the data will be transferred, how it will be protected during transfer, and how the parties will ensure that the recipient is GDPR compliant.
4. Data subjects` rights: The agreement should outline the steps that will be taken to ensure that data subjects can exercise their rights under the GDPR, including the right to access their personal data, the right to rectify incorrect data, and the right to have their data erased.
5. Liability and indemnification: The agreement should allocate liability between the joint controllers in the event of a GDPR breach or other data protection issue, and should include indemnification provisions to protect against potential losses.
6. Dispute resolution: The agreement should outline a process for resolving disputes between the joint controllers, including the appointment of a mediator or arbitrator if necessary.
A well-drafted joint controller agreement template can help to ensure that all parties involved in data processing are aware of their obligations and responsibilities under the GDPR. If you are a joint controller, it is important to ensure that you have a written agreement in place that meets GDPR requirements and adequately protects the rights of data subjects.