Sale Of Database With Personal Data With Inside EEA Transfer
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ƵSource file
Jurisdiction
England and WalesCost
Free to useContract party
Relevant sectors
Type of legal document
🗄️ Database sale agreementBusiness activity
Share or acquire dataA database sale agreement is a contract between a database owner and a potential buyer that sets forth the terms of the sale, including the price, the date of the sale, and the buyer's rights to use the database. The agreement may also include a confidentiality clause to protect the database owner's trade secrets.
This template aims to provide a comprehensive legal framework for parties involved in the sale or transfer of a database that contains personal data to adhere to the applicable legal obligations and safeguard individual privacy rights. The key elements covered in this template may include:
1. Parties Involved: The template will outline the identities and roles of the parties engaged in the sale or transfer of the database with personal data. This may include the data owner, database provider, transferee, and any other relevant parties.
2. Scope and Purpose: The template will define the purpose of the sale or transfer, clarifying whether it is a one-time transaction or part of an ongoing business relationship. It will outline the specific database(s) involved and the nature of the personal data contained within.
3. Compliance with Data Protection Laws: The template will reference the relevant UK data protection laws, such as the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). It will set out the legal principles and requirements that must be followed by all parties involved in the sale or transfer process.
4. Lawful Basis for Transfer: The template will address the lawful basis for transferring personal data outside the EEA. It will explore the necessary conditions for such transfers, potentially including obtaining explicit consent, entering into data transfer agreements, or relying on appropriate safeguards recognized under UK law.
5. Rights and Responsibilities: The template will outline the responsibilities of each party involved, including their obligations to protect the personal data being transferred and to ensure compliance with data protection laws. It may also outline individuals' rights to access, rectify, restrict processing, or delete their personal data.
6. Data Security and Confidentiality: The template will address the security measures and safeguards required to protect the personal data throughout the transfer process and beyond. It may include provisions related to encryption, access controls, data breach notification, and confidentiality agreements.
7. Indemnification and Liability: The template may include clauses that define the liability and indemnification obligations of each party in case of data breaches, non-compliance with legal requirements, or any other breach of the agreement.
8. Dispute Resolution: The template may establish a mechanism for resolving disputes arising from the sale or transfer of the database, such as through negotiation, mediation, or arbitration.
It is important to note that this description is a general overview and the actual legal template may include additional or more specific provisions depending on the context and requirements of the parties involved in the sale or transfer of the database with personal data.
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