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International Data Transfer Agreement Template for Malaysia

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement to enable my Malaysian healthcare company to transfer patient data to our cloud service providers in Singapore and Australia, ensuring compliance with healthcare regulations and PDPA requirements."

Document background
The International Data Transfer Agreement is essential for organizations transferring personal data from Malaysia to other countries, ensuring compliance with the Malaysian Personal Data Protection Act 2010 (PDPA) and related regulations. This agreement becomes necessary when a Malaysian organization needs to share personal data with foreign entities, whether they are group companies, service providers, or business partners. It includes detailed provisions for data protection, security measures, and compliance requirements, addressing both Malaysian regulatory requirements and international data protection standards. The agreement is particularly important given Malaysia's strict data protection regime and the need to ensure equivalent levels of protection when data is transferred overseas. It covers aspects such as data handling responsibilities, security requirements, data subject rights, breach notifications, and audit requirements, while providing flexibility to address specific industry requirements and cross-border challenges.
Suggested Sections

1. Parties: Identification of data exporter and data importer, including their registered details and representatives

2. Background: Context of the data transfer arrangement and relationship between parties

3. Definitions: Definitions of key terms used in the agreement, including technical terms and regulatory references

4. Scope and Purpose: Details of the data transfer purpose, categories of data, and processing activities covered

5. Obligations of Data Exporter: Responsibilities and warranties of the data exporter, including compliance with Malaysian PDPA

6. Obligations of Data Importer: Responsibilities and warranties of the data importer, including data protection measures

7. Security Measures: Technical and organizational security measures required for data protection

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

9. Sub-processing: Rules and restrictions regarding the appointment of sub-processors

10. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

11. Audit Rights: Rights and procedures for conducting compliance audits

12. Term and Termination: Duration of agreement and circumstances for termination

13. Return or Deletion of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details

15. General Provisions: Standard contractual terms including severability, entire agreement, and amendments

Optional Sections

1. Industry-Specific Compliance: Additional requirements for specific industries (e.g., financial services, healthcare)

2. Data Localization Requirements: Specific provisions when dealing with countries having data localization laws

3. Special Categories of Data: Additional provisions for sensitive personal data or special category data

4. Business Continuity: Provisions for ensuring continuous data availability and disaster recovery

5. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

6. Joint Controller Provisions: Additional terms when both parties act as joint controllers

7. Data Protection Impact Assessment: Requirements for conducting DPIAs when necessary

Suggested Schedules

1. Schedule 1: Description of Transfer: Detailed description of data transfers, including data categories, purposes, and processing activities

2. Schedule 2: Technical Security Measures: Specific technical and organizational security measures to be implemented

3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their roles

4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for the specific transfer

5. Schedule 5: Data Processing Details: Detailed information about processing activities, retention periods, and processing purposes

6. Appendix A: Contact Details: Contact information for key personnel and data protection officers

7. Appendix B: Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses or certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses


























Relevant Industries

Financial Services

Technology

Healthcare

E-commerce

Manufacturing

Professional Services

Telecommunications

Education

Research and Development

Shared Services

Business Process Outsourcing

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Operations

International Business

Data Governance

Privacy

Commercial Contracts

Information Management

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Counsel

Compliance Manager

Information Security Officer

IT Director

Risk Manager

Legal Counsel

Operations Director

Chief Technology Officer

Privacy Manager

Compliance Officer

International Business Manager

Data Governance Manager

Chief Information Officer

Commercial Contracts Manager

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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