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Personal Data Transfer Agreement
"I need a Personal Data Transfer Agreement for transferring customer health records from our Belgian headquarters to our cloud service provider in Canada, with specific provisions for handling sensitive medical data and ensuring GDPR compliance."
1. Parties: Identification of the data exporter and data importer, including their roles (controller/processor)
2. Background: Context of the agreement, relationship between parties, and purpose of the data transfer
3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology
4. Scope and Purpose of Transfer: Details of the personal data being transferred, categories of data subjects, and purposes of processing
5. Roles and Responsibilities: Clear delineation of each party's obligations and responsibilities under data protection laws
6. Transfer Mechanism: Legal basis for the transfer (e.g., SCCs, adequacy decision) and compliance requirements
7. Data Security: Security measures required for data protection during transfer and processing
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
9. Breach Notification: Protocol for reporting and handling personal data breaches
10. Audit Rights: Provisions for monitoring and verifying compliance
11. Term and Termination: Duration of the agreement and conditions for termination
12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments
1. Sub-processing: Required when the data importer may engage sub-processors, including authorization process and obligations
2. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards
3. International Transfers: Required for onward transfers to third countries, specifying additional safeguards and requirements
4. Data Protection Impact Assessment: Required when processing poses high risks to data subjects
5. Joint Controller Provisions: Required when parties act as joint controllers, defining respective responsibilities
6. Insurance Requirements: Optional section specifying required insurance coverage for data protection
7. Force Majeure: Optional provisions for handling circumstances beyond parties' control
1. Schedule 1 - Description of Transfer: Detailed description of data transfers including categories of data, subjects, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both parties
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Appendix A - Contact Points: List of key contacts for operational and emergency matters
6. Appendix B - Standard Contractual Clauses: If applicable, the EU SCCs incorporated into the agreement
7. Appendix C - Data Processing Details: Specific details about processing activities, frequency, and nature of processing
Authors
Technology
Healthcare
Financial Services
E-commerce
Professional Services
Manufacturing
Education
Telecommunications
Insurance
Human Resources
Consulting
Retail
Marketing Services
Cloud Services
Research and Development
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Data Protection
Procurement
Information Governance
Operations
Corporate Affairs
Technology
Information Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Officer
Privacy Manager
Data Protection Lawyer
IT Security Manager
Risk Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Data Protection Specialist
Information Governance Manager
Privacy Analyst
Compliance Officer
Legal Operations Manager
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