This International Data Transfer Agreement is essential for organizations transferring personal data from Denmark to countries outside the EEA. It ensures compliance with Chapter V of the GDPR, the Danish Data Protection Act, and post-Schrems II requirements. The document becomes necessary when Danish organizations need to share personal data with entities in third countries, whether they are group companies, service providers, or business partners. It includes comprehensive provisions for data protection safeguards, transfer impact assessments, technical and organizational measures, and mechanisms for maintaining EU-level data protection standards. The agreement is particularly crucial given Denmark's strict interpretation of data protection requirements and the need to ensure adequate safeguards for international data flows.
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Key Requirements PROMPT example:
International Data Transfer Agreement
I need an International Data Transfer Agreement under Danish law for transferring customer data from our Copenhagen headquarters to a US-based cloud service provider, with specific provisions for handling sensitive health data and implementing enhanced security measures.
1. Parties: Identification of the data exporter and data importer, including their roles under GDPR
2. Background: Context of the transfer relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including those from GDPR and local data protection law
4. Scope and Purpose of Transfer: Details of the personal data being transferred and purposes of processing
5. Roles and Responsibilities: Clear designation of parties' roles (controller/processor) and their respective obligations
6. Legal Basis for Transfer: Specification of transfer mechanism(s) being relied upon
7. Data Protection Safeguards: Technical and organizational measures for data protection
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Audit Rights: Rights and procedures for conducting audits and inspections
12. Term and Termination: Duration of agreement and conditions for termination
13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
14. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction provisions
1. Transfer Impact Assessment: Detailed assessment of transfer risks and supplementary measures, required when transferring to non-adequate countries
2. Special Categories of Data: Additional safeguards for sensitive data, required when transferring special categories of personal data
3. Data Localization Requirements: Specific provisions for data storage locations, needed when dealing with specific data types or jurisdictions
4. Emergency Protocols: Special procedures for handling emergencies, recommended for critical data processing operations
5. Insurance Requirements: Specific insurance obligations, recommended for high-risk transfers
6. Force Majeure: Provisions for handling unforeseen circumstances, recommended for long-term agreements
1. Schedule 1 - Details of Transfer: Detailed description of data categories, subjects, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by parties
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Detailed risk assessment and supplementary measures for transfers
5. Schedule 5 - Standard Contractual Clauses: Incorporation of relevant SCCs if being relied upon
6. Appendix A - Contact Points: Key contacts for operational and emergency matters
7. Appendix B - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Cloud Services
Manufacturing
Professional Services
Telecommunications
Research and Development
Education
Pharmaceuticals
Human Resources Services
Marketing Services
Consulting Services
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Procurement
International Business Development
Operations
Information Technology
Privacy
Relevant Roles
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Privacy Manager
International Business Development Manager
Procurement Manager
Contract Manager
Risk Manager
Chief Legal Officer
Head of Compliance
Data Protection Specialist
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