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International Data Transfer Agreement

International Data Transfer Agreement Template for Singapore

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement to transfer customer data from our Singapore headquarters to our new processing center in Germany, ensuring PDPA and GDPR compliance, with the agreement to be effective from March 2025."

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What is a International Data Transfer Agreement?

The International Data Transfer Agreement is essential for organizations transferring personal data across borders from or to Singapore. It ensures compliance with Singapore's PDPA, which requires appropriate safeguards for international data transfers. This agreement details the obligations of both data exporters and importers, including security measures, data subject rights, and breach notification procedures. It's particularly crucial given Singapore's position as a global business hub and the increasing need for cross-border data flows while maintaining data protection standards.

What sections should be included in a International Data Transfer Agreement?

1. Parties: Identification and details of data exporter and data importer

2. Background: Context of the data transfer relationship and purpose

3. Definitions: Key terms used throughout the agreement including PDPA and cross-border transfer specific definitions

4. Scope and Purpose of Transfer: Details of what data is being transferred and why, including territories involved

5. Data Protection Obligations: Core obligations regarding data handling and protection under Singapore PDPA

6. Security Measures: Technical and organizational measures for data protection

7. Data Subject Rights: Rights of individuals whose data is being transferred

8. Breach Notification: Procedures for handling and reporting data breaches

9. Term and Termination: Duration of the agreement and termination provisions

10. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction

What sections are optional to include in a International Data Transfer Agreement?

1. Sub-processing: Rules for engaging sub-processors, include when third-party processing is anticipated

2. Special Categories of Data: Additional provisions for sensitive data, include when transferring sensitive personal data

3. Data Retention: Specific retention requirements, include when specific retention periods are needed

4. GDPR Compliance: Additional provisions when transfers involve EU data subjects or territory

5. Industry-Specific Requirements: Additional provisions for specific industries (financial, healthcare, etc.)

What schedules should be included in a International Data Transfer Agreement?

1. Schedule 1: Description of Transfer: Detailed description of data categories, subjects, and transfer specifics

2. Schedule 2: Technical Security Measures: Detailed technical and organizational security measures

3. Schedule 3: Sub-processors: List of approved sub-processors if applicable

4. Schedule 4: Data Processing Instructions: Specific instructions for data processing and handling

5. Appendix A: Standard Contractual Clauses: If required for GDPR compliance

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions



































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Industries

PDPA 2012: Singapore's primary data protection legislation that establishes the fundamental framework for personal data protection, including cross-border data transfer requirements and Nine Data Protection Obligations

Personal Data Protection Regulations 2021: Detailed regulatory requirements for data transfer mechanisms and specific compliance obligations under Singapore law

GDPR Considerations: European Union's General Data Protection Regulation requirements that may need to be incorporated when transferring data to/from EU, including Standard Contractual Clauses (SCCs)

APEC CBPR: APEC Cross-Border Privacy Rules system requirements, which Singapore participates in, providing standards for cross-border data transfers in the Asia-Pacific region

PDPC Transfer Guidelines: Regulatory guidelines from Singapore's Personal Data Protection Commission covering cross-border transfers, impact assessments, binding corporate rules, and transfer control obligations

PDPA Key Concepts Guidelines: Advisory guidelines providing interpretation of key terms and compliance requirements under Singapore's PDPA

Banking Sector Requirements: Specific requirements under the Banking Act and MAS Guidelines for handling financial data transfers

Healthcare Data Regulations: Sector-specific requirements for handling and transferring medical and healthcare-related data

Sensitive Data Requirements: Additional regulatory requirements for handling and transferring sensitive categories of personal data across borders

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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