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Data Transfer Agreement for Philippines

Data Transfer Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law, particularly the Data Privacy Act of 2012 (RA 10173), that establishes the terms and conditions for the transfer of personal data between organizations. This document outlines the responsibilities of both the data exporter and importer, specifies security measures, ensures compliance with Philippine privacy regulations, and includes provisions for data protection, breach notification, and audit rights. It addresses both domestic and international data transfers while incorporating requirements from the National Privacy Commission.

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What is a Data Transfer Agreement?

The Data Transfer Agreement is essential for organizations operating in the Philippines that need to share personal data with other entities, whether domestically or internationally. This document becomes necessary when personal data needs to be transferred between controllers and processors, ensuring compliance with the Philippine Data Privacy Act of 2012 and its Implementing Rules and Regulations. The agreement is particularly critical given the Philippines' strict data protection regime and the National Privacy Commission's active oversight. It should be used whenever systematic data sharing arrangements are established, covering aspects such as security measures, breach notification procedures, data subject rights, and audit requirements. The document is designed to protect both the data subjects' rights and the organizations' interests while maintaining compliance with Philippine privacy laws.

What sections should be included in a Data Transfer Agreement?

1. Parties: Identification of the data exporter and data importer, including their roles as data controller/processor

2. Background: Context of the data transfer relationship and purpose of the agreement

3. Definitions: Key terms including Personal Data, Processing, Transfer, Security Measures, and other relevant definitions aligned with Philippine Data Privacy Act

4. Scope and Purpose of Transfer: Detailed description of the data to be transferred and the specific purposes for which it may be processed

5. Obligations of the Data Exporter: Responsibilities of the party sending the data, including ensuring legal basis for transfer

6. Obligations of the Data Importer: Responsibilities of the receiving party, including security measures and processing limitations

7. Security Measures: Specific technical and organizational measures required to protect the transferred data

8. Confidentiality: Provisions regarding maintaining confidentiality of the transferred data

9. Sub-processing: Rules and restrictions regarding the use of sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

11. Breach Notification: Procedures and timeframes for reporting data breaches

12. Audit Rights: Rights of the data exporter to audit the data importer's compliance

13. Term and Termination: Duration of the agreement and circumstances for termination

14. Return or Destruction of Data: Procedures for handling data upon termination

15. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

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

1. Cross-Border Transfer Provisions: Additional provisions required when data is transferred outside the Philippines

2. Special Categories of Data: Additional provisions when transferring sensitive personal information as defined in the Data Privacy Act

3. Business Continuity: Provisions for ensuring continuous availability and recovery of data

4. Insurance Requirements: Specific insurance obligations for data protection

5. Industry-Specific Compliance: Additional provisions for regulated industries (e.g., healthcare, financial services)

6. Data Protection Impact Assessment: Requirements for conducting DPIAs when necessary

7. Joint Controller Provisions: Additional provisions when both parties act as joint controllers

What schedules should be included in a Data Transfer Agreement?

1. Schedule 1: Description of Transfer: Detailed description of the data transfers including categories of data subjects, types of personal data, frequency of transfer

2. Schedule 2: Technical and Organizational Security Measures: Detailed specifications of security measures to be implemented

3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their roles

4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for the data transfer

5. Schedule 5: Data Processing Instructions: Detailed instructions for processing of transferred data

6. Appendix A: Contact Points and Procedures: List of key contacts and procedures for routine communications and emergencies

7. Appendix B: Standard Contractual Clauses: If applicable, standard contractual clauses for international transfers

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Transfer Agreement

Cost

Free to use
Relevant legal definitions



































Clauses




























Relevant Industries

Financial Services

Healthcare

Technology

Education

Telecommunications

Business Process Outsourcing

E-commerce

Insurance

Real Estate

Professional Services

Manufacturing

Retail

Government Services

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Data Protection

Operations

Procurement

Corporate Governance

Regulatory Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Chief Information Security Officer

Chief Compliance Officer

Legal Counsel

Privacy Manager

Information Security Manager

Compliance Manager

Risk Manager

IT Director

Operations Manager

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Privacy Analyst

Information Security Analyst

Compliance Officer

Contract Manager

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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