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Sale Of Database With Personal Data With Outside EEA Transfer

Publisher one

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Source file

Jurisdiction

England and Wales

Contract party

Type of legal document

🗄️ Database sale agreement

Business activity

Share or acquire data

Why use a 🗄️ Database sale agreement?

A 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 legal template likely pertains to the sale and transfer of a database containing personal data, specifically in relation to the European Economic Area (EEA) under the jurisdiction of UK law. The template could provide a framework for parties engaged in such a transaction to draft a legally binding agreement.

The template may include provisions addressing various aspects related to the sale and transfer of the database, such as:

1. Parties Involved: The template may identify the parties involved in the transaction, such as the buyer and the seller. It may specify their legal status and contact information.

2. Subject Matter: The template would define the nature of the database being sold, specifying that it contains personal data as defined by applicable data protection laws.

3. Transfer Conditions: The template would outline the conditions under which the transfer of the database takes place, specifically highlighting that the transfer is taking place outside the EEA to a jurisdiction that may not have the same level of data protection regulations as the EEA.

4. Compliance with Data Protection Laws: The template would emphasize the importance of complying with relevant data protection laws, including the UK's Data Protection Act and the EU General Data Protection Regulation (GDPR), despite the transfer outside the EEA. This could include ensuring appropriate safeguards are in place to protect the transferred personal data.

5. Consent and Data Subjects' Rights: The template might address the necessity of obtaining consent from data subjects for the transfer of their personal data and providin information about their rights regarding access, rectification, and erasure of their data.

6. Liability and Indemnity: This section may allocate responsibility and liability between the buyer and seller in the event of any data breaches, unauthorized access, or non-compliance with data protection laws.

7. Confidentiality and Non-Disclosure: The template may include clauses to ensure that both parties maintain the confidentiality of the database and any accompanying transactional details.

8. Dispute Resolution and Governing Law: The template could outline the process for resolving any disputes that may arise as a result of this transaction, including the choice of governing law and jurisdiction.

It is important to note that while this description provides a general understanding of what the template could cover, the specifics and details would vary based on the actual content of the legal template. Legal templates are often customized to suit the specific needs and circumstances of the parties involved.

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