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International Data Transfer Agreement
"I need an International Data Transfer Agreement for my Swiss pharmaceutical company to transfer clinical trial data to our research partners in India, with extra provisions for sensitive health data and research data protection, to be implemented by March 2025."
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: Definitions of key terms used in the agreement, including specific Swiss law terminology
4. Scope and Purpose: Details of the data transfer activities, categories of data, and purposes of processing
5. Roles and Responsibilities: Clear delineation of parties' roles (controller/processor) and their respective obligations
6. Data Protection Safeguards: Technical and organizational measures required to protect personal data
7. Transfer Mechanism: Legal basis for the transfer and compliance with Swiss data protection requirements
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Swiss law
9. Security Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Audit Rights: Rights and procedures for conducting audits of data protection compliance
11. Duration and Termination: Term of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Swiss law governance and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Sub-processing: Required when the data importer intends to use sub-processors, detailing approval processes and obligations
2. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards
3. Data Retention and Deletion: Detailed requirements for data retention periods and deletion procedures, if not covered in main sections
4. Insurance Requirements: Specific insurance obligations for data protection risks, if required by either party
5. Business Continuity: Disaster recovery and business continuity requirements, if critical to the data processing
6. Joint Controller Provisions: Required when parties act as joint controllers, detailing shared responsibilities
7. Import/Export Compliance: Required for transfers involving countries with specific data localization requirements
1. Schedule 1 - Description of Transfer: Detailed description of data transfers including data categories, subjects, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect the transferred data
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for transfers to countries without adequate protection
5. Appendix A - Contact Points: List of key contacts for operational, legal, and data protection matters
6. Appendix B - Data Processing Details: Specific details about processing operations, including systems, locations, and procedures
7. Appendix C - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses approved by Swiss authorities
Authors
Financial Services
Healthcare
Technology
Manufacturing
Retail
Professional Services
Telecommunications
Education
Insurance
Pharmaceuticals
E-commerce
Research and Development
Cloud Services
Consulting
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Operations
Data Governance
International Business
Procurement
Corporate Affairs
Technology Infrastructure
Data Protection
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Officer
Chief Privacy Officer
IT Director
Risk Manager
Chief Legal Officer
Operations Manager
Chief Technology Officer
Privacy Manager
Contract Manager
Chief Information Security Officer
International Business Development Manager
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