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Data Transfer Agreement
"I need a Data Transfer Agreement under Austrian law for transferring customer health data from our Vienna-based medical clinic to our cloud service provider in Germany, with implementation planned for March 2025 and specific provisions for handling sensitive medical information."
1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose of Transfer: Detailed description of the data transfer activities, including categories of data subjects and purposes of processing
5. Roles and Responsibilities: Clear designation of parties as controller/processor or joint controllers, and their respective obligations
6. Legal Basis for Transfer: Specification of the legal grounds for data transfer under GDPR and Austrian law
7. Data Protection Safeguards: Technical and organizational measures to ensure data security and protection
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under GDPR
9. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Confidentiality: Obligations regarding confidentiality of transferred data
11. Duration and Termination: Term of the agreement, termination conditions, and data handling upon termination
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. Signatures: Execution blocks for authorized representatives of both parties
1. Sub-processing: Include when the data importer may engage sub-processors, specifying authorization requirements and obligations
2. Special Categories of Data: Include when sensitive personal data is being transferred, specifying additional safeguards
3. International Transfers: Include when data will be transferred outside the EEA, incorporating relevant SCCs
4. Audit Rights: Include when specific audit requirements beyond standard GDPR obligations are needed
5. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required
6. Compensation and Liability: Include when specific liability caps or compensation arrangements are needed
7. Business Continuity: Include when specific disaster recovery and business continuity requirements are necessary
1. Schedule 1 - Description of Transfer: Detailed description of data transfers, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented to protect the transferred data
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors, if applicable, including their locations and roles
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers, particularly relevant for transfers outside the EEA
5. Appendix A - Contact Points: List of key contacts for operational matters, data protection issues, and breach notifications
6. Appendix B - Standard Contractual Clauses: If applicable, incorporation of relevant EU SCCs for international transfers
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