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Data Transfer Agreement
"I need a Data Transfer Agreement for transferring customer health records from our German medical practice to our cloud service provider in Ireland, with implementation planned for March 2025, ensuring GDPR compliance and including specific provisions for sensitive medical data."
1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and authorized representatives
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including technical terms and those defined by GDPR and BDSG
4. Subject Matter and Details of Transfer: Description of the categories of data being transferred, purposes, and processing operations
5. Obligations of Data Exporter: Responsibilities of the party sending the data, including ensuring legal basis for transfer and data accuracy
6. Obligations of Data Importer: Responsibilities of the receiving party, including processing limitations, security measures, and confidentiality
7. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are respected
8. Security Measures: Technical and organizational measures required to protect the transferred data
9. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Audit Rights: Rights and procedures for conducting audits and inspections
11. Duration and Termination: Term of the agreement, termination conditions, and data handling upon termination
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments
1. International Transfer Mechanisms: Required when transfers are to countries outside EU/EEA, including SCCs or other transfer mechanisms
2. Sub-processing: Include when the data importer may engage sub-processors, specifying authorization requirements and obligations
3. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards
4. Joint Controller Provisions: Include when parties are acting as joint controllers rather than controller-processor
5. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, telecommunications)
6. Insurance Requirements: Specific insurance obligations for high-risk data transfers
7. Business Continuity: Required for critical data transfers, specifying backup and recovery requirements
1. Schedule 1 - Details of Processing: Detailed description of data categories, subjects, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties
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 international transfers
5. Schedule 5 - Contact Points and Procedures: Key contacts and procedures for operational matters and emergencies
6. Appendix A - Standard Contractual Clauses: EU SCCs if required for international transfers
7. Appendix B - Data Protection Impact Assessment: DPIA results if required for high-risk processing
Authors
Technology & Software
Healthcare & Medical
Financial Services
Professional Services
Manufacturing
Retail & E-commerce
Telecommunications
Education
Insurance
Research & Development
Pharmaceutical
Consulting
Legal
Compliance
Information Security
Data Protection
Information Technology
Risk Management
Privacy
Procurement
Operations
Corporate Governance
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Privacy Manager
Data Protection Specialist
Contract Manager
Risk Manager
Chief Legal Officer
Data Governance Manager
International Data Transfer Specialist
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