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Personal Data Transfer Agreement Template for Singapore

A Personal Data Transfer Agreement under Singapore law is a legally binding document that governs the transfer of personal data between organizations. It ensures compliance with Singapore's Personal Data Protection Act (PDPA) and related regulations, establishing the rights, obligations, and responsibilities of both the data exporter and importer. The agreement includes specific provisions for data security, processing limitations, and breach notifications, while incorporating Singapore's stringent data protection requirements.

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What is a Personal Data Transfer Agreement?

The Personal Data Transfer Agreement is essential when organizations need to transfer personal data while maintaining compliance with Singapore's data protection laws. This agreement is particularly crucial in today's digital economy where cross-border data transfers are common. It addresses key requirements under the PDPA, including consent obligations, purpose limitation, and security measures. The agreement is designed to protect individuals' personal data while facilitating necessary business operations and ensuring regulatory compliance.

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

1. Parties: Identification of data exporter and data importer, including full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement, including types of personal data

4. Scope and Purpose of Transfer: Details of what data is being transferred and for what purposes

5. Data Protection Obligations: Core obligations regarding data handling, security, and compliance

6. Security Measures: Technical and organizational measures for data protection

7. Term and Termination: Duration of agreement and termination provisions

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

1. Sub-processing: Rules for engaging sub-processors, use when data importer may need to engage third parties

2. Data Breach Notification: Specific procedures for breach notification, recommended for high-risk transfers

3. Audit Rights: Rights to audit compliance, recommended for complex transfers

4. Special Categories of Data: Additional provisions for sensitive data, use when transferring sensitive personal data

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

1. Description of Transfer: Detailed description of data categories, subjects, and processing activities

2. Technical Security Measures: Detailed technical specifications for data protection

3. Sub-processor List: List of approved sub-processors if applicable

4. Data Processing Instructions: Specific instructions for data handling and processing

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Cost

Free to use

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