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Data Transfer Addendum

Data Transfer Addendum Template for Malaysia

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Key Requirements PROMPT example:

Data Transfer Addendum

"I need a Data Transfer Addendum for our Malaysian tech company to enable secure transfer of customer data to our new cloud service provider in Singapore, ensuring compliance with PDPA 2010 and including specific provisions for encryption and real-time monitoring."

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Document background
In today's interconnected business environment, organizations frequently need to transfer personal data between entities, whether domestically or internationally. The Data Transfer Addendum serves as a crucial legal instrument under Malaysian law to ensure such transfers comply with the Personal Data Protection Act 2010 and related regulations. This document is typically used when an organization needs to supplement a main agreement with specific terms governing data transfers, particularly when personal data is being shared with third parties, service providers, or affiliated companies. It includes detailed provisions on data protection measures, security requirements, breach notifications, and compliance obligations. The addendum is essential for organizations operating in Malaysia or handling Malaysian personal data, as it helps ensure regulatory compliance while facilitating necessary business operations.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their registered addresses and company details

2. Background: Context of the data transfer relationship and reference to the main agreement this addendum supplements

3. Definitions: Key terms used in the addendum, including specific Malaysian law definitions from PDPA 2010

4. Scope and Purpose of Transfer: Details of what data is being transferred, purposes of transfer, and processing activities

5. Data Protection Obligations: Core obligations regarding data handling, including compliance with Malaysian PDPA principles

6. Security Measures: Required technical and organizational security measures for data protection

7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under Malaysian law

8. Breach Notification: Requirements and timeframes for reporting data breaches

9. Audit Rights: Rights of the data exporter to audit compliance with the addendum

10. Duration and Termination: Term of the addendum and conditions for termination

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

12. Governing Law and Jurisdiction: Confirmation of Malaysian law governance and jurisdiction

Optional Sections

1. Sub-processing: Include when the data importer may engage sub-processors for data handling

2. Special Categories of Personal Data: Include when sensitive personal data is being transferred

3. Cross-border Transfer Mechanisms: Include when data will be transferred to countries without adequate protection laws

4. Industry-Specific Requirements: Include when transfers involve regulated industries (e.g., financial, healthcare)

5. Data Localization Requirements: Include when certain data must be kept within Malaysia

6. Business Continuity: Include when continuous data access is critical for operations

7. Insurance Requirements: Include when specific insurance coverage for data protection is required

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of personal data categories being transferred

2. Schedule 2 - Processing Activities: Detailed description of all processing activities to be performed

3. Schedule 3 - Technical Security Measures: Specific technical requirements and standards for data protection

4. Schedule 4 - Organizational Security Measures: Required organizational policies and procedures

5. Schedule 5 - Approved Sub-processors: List of pre-approved sub-processors (if applicable)

6. Schedule 6 - Transfer Impact Assessment: Assessment of risks and safeguards for cross-border transfers

7. Schedule 7 - Contact Points: Key contacts for data protection matters and breach reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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






























Clauses




























Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Cloud Services

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Vendor Management

Procurement

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Manager

Contract Manager

Chief Legal Officer

Data Protection Specialist

Privacy Analyst

Compliance Officer

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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