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International Data Transfer Agreement Template for Denmark

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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.

What is a International Data Transfer Agreement?

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.

What sections should be included in a International Data Transfer Agreement?

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

What sections are optional to include in a International Data Transfer Agreement?

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

What schedules should be included in a International Data Transfer Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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

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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