The International Data Transfer Agreement is essential for organizations transferring personal data from Malta or other EU locations to countries outside the EEA. It becomes necessary when an organization needs to share personal data with entities in third countries that aren't covered by an EU adequacy decision. The agreement incorporates Standard Contractual Clauses (SCCs) and addresses specific requirements under Maltese law, which as an EU member state must comply with GDPR. This document is particularly crucial following recent developments in international data protection law, including the Schrems II decision and updated SCCs. It provides comprehensive safeguards for data transfers, including detailed technical and organizational measures, data breach procedures, and audit rights, while ensuring compliance with both EU and Maltese data protection requirements.
International Data Transfer Agreement for Malta
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Key Requirements PROMPT example:
International Data Transfer Agreement
"I need an International Data Transfer Agreement for transferring customer health data from our Malta-based medical research facility to our cloud service providers in Singapore and Japan, with specific provisions for handling sensitive medical data and research results."
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1. Parties: Identification of the data exporter and data importer, including their roles and contact details
2. Background: Context of the transfer, relationship between parties, and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and contract-specific definitions
4. Scope and Purpose of Transfer: Details of the data transfer activities, categories of data subjects and personal data
5. Roles and Responsibilities: Clear designation of parties as controller/processor or processor/sub-processor and their respective obligations
6. Legal Basis for Transfer: Specification of transfer mechanism and legal basis under GDPR Chapter V
7. Data Protection Safeguards: Technical and organizational measures for data protection and security
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
10. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches
11. Audit Rights: Rights and procedures for conducting audits and inspections
12. Duration and Termination: Term of agreement, termination conditions, and obligations post-termination
13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
14. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Data Protection Impact Assessment: Required when transfer involves high-risk processing activities
2. Special Categories of Data: Include when sensitive personal data is being transferred
3. Third Country Transfers: Required when data may be transferred to additional third countries
4. Local Representative: Include when either party requires an EU/local representative under Article 27 GDPR
5. Insurance Requirements: Include when specific insurance coverage is required for data protection
6. Service Level Agreement: Include when specific performance metrics are required for data processing activities
1. Description of Transfer: Detailed technical description of data transfer including data categories, subjects, purposes, and frequency
2. Technical and Organizational Measures: Detailed security measures implemented by the data importer
3. Sub-processors: List of approved sub-processors and their processing activities
4. Standard Contractual Clauses: Applicable modules of EU SCCs incorporated into the agreement
5. Data Processing Details: Specific details of processing activities, including systems, locations, and procedures
6. Contact Details: List of key contacts for data protection matters, including DPOs if appointed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Financial Services
Healthcare
E-commerce
Manufacturing
Professional Services
Telecommunications
Education
Travel and Hospitality
Research and Development
Pharmaceutical
Insurance
Retail
Consulting Services
Cloud Services
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Procurement
International Operations
Data Governance
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Officer
Risk Manager
IT Director
Privacy Manager
General Counsel
Procurement Manager
Contract Manager
International Business Development Manager
Data Protection Specialist
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