������Ƶ

A Data Transfer Agreement sets clear rules for sharing personal data between organizations, especially when moving information across borders. Under Danish law and the GDPR, these agreements are essential when transferring data outside the EU/EEA to ensure privacy rights stay protected.

The agreement spells out how the receiving party must handle the data, including security measures, data storage limits, and what happens if there's a breach. Danish companies often use these agreements alongside standard contractual clauses approved by the European Commission, making sure they meet both local data protection requirements and EU standards.

Use a Data Transfer Agreement anytime your Danish organization needs to share personal data with partners or service providers outside the EU/EEA. This includes common scenarios like using cloud services hosted in the US, outsourcing customer support to Asia, or working with international marketing agencies.

The agreement becomes essential when sending sensitive information like employee records, customer databases, or health data to foreign partners. Danish companies must have this agreement in place before any international data transfers begin - waiting until after the transfer risks heavy GDPR fines and potential investigations from Datatilsynet, Denmark's data protection authority.

• Standard EU-approved SCCs (Standard Contractual Clauses): The most common type in Denmark, using pre-approved EU language for data transfers outside the EEA
• Intra-group Data Transfer Agreements: Used between companies in the same corporate group, often with more flexible terms while maintaining GDPR compliance
• Controller-to-Controller Agreements: For situations where both parties independently control data processing
• Controller-to-Processor Agreements: Used when the receiving party processes data only on instructions from the sender
• Industry-specific Agreements: Customized versions for healthcare, financial services, or tech sectors with specialized data protection needs

• Data Controllers: Danish companies or organizations that initially collect and own personal data, responsible for ensuring proper data protection
• Data Processors: External service providers, often cloud services or outsourcing partners, who handle data on behalf of controllers
• Legal Teams: In-house lawyers or external counsel who draft and review Data Transfer Agreements to ensure GDPR compliance
• Data Protection Officers: Specialists who oversee agreement implementation and monitor ongoing compliance
• IT Security Teams: Technical staff responsible for implementing the security measures specified in the agreements

• Data Mapping: Document what personal data you're transferring, who receives it, and the transfer destinations
• Risk Assessment: Evaluate the data protection standards in recipient countries, especially for transfers outside the EU
• Party Details: Gather full legal names, registration numbers, and authorized representatives of all involved organizations
• Security Measures: List specific technical and organizational safeguards that will protect the transferred data
• Compliance Check: Review Datatilsynet's guidelines and ensure alignment with GDPR requirements
• Documentation: Prepare records of processing activities and data protection impact assessments if needed

• Parties and Purpose: Complete identification of data exporters and importers, plus clear description of transfer purposes
• Data Categories: Detailed list of personal data types being transferred and processing activities
• Security Measures: Specific technical and organizational safeguards implemented by the data importer
• Transfer Mechanics: Methods, frequency, and duration of data transfers
• Compliance Framework: References to GDPR and Danish data protection laws
• Breach Protocol: Notification procedures and response timelines for data incidents
• Termination Rights: Conditions for ending the agreement and data return/deletion requirements

A Data Transfer Agreement often gets confused with a Data Protection Agreement, but they serve different purposes in Danish law. While both deal with personal data handling, their scope and application differ significantly.

• Purpose and Scope: Data Transfer Agreements specifically govern international data flows, especially outside the EU/EEA. Data Protection Agreements cover broader data processing activities, including domestic operations.
• Legal Requirements: Data Transfer Agreements must include specific GDPR-mandated safeguards for cross-border transfers. Data Protection Agreements focus on general compliance with Danish data protection laws.
• Timing of Use: Data Transfer Agreements are required before any international data sharing begins. Data Protection Agreements are needed for any processing relationship, regardless of location.
• Risk Management: Data Transfer Agreements address specific risks of international transfers. Data Protection Agreements cover general data protection obligations and security measures.