Data Transfer Addendum Template for Austria

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Key Requirements PROMPT example:

Data Transfer Addendum

"I need a Data Transfer Addendum under Austrian law for transferring customer health data from our Vienna-based medical clinic to our cloud service provider in Germany, with specific provisions for handling sensitive medical information and ensuring GDPR compliance."

Document background
The Data Transfer Addendum is essential for organizations transferring personal data under Austrian jurisdiction. It is typically implemented as a supplement to existing service agreements or contracts where personal data processing occurs. The document becomes necessary when organizations need to transfer personal data to other entities, whether within the European Economic Area or to third countries. The addendum ensures compliance with the Austrian Data Protection Act (DSG) and the EU GDPR, detailing specific requirements for data protection, security measures, and data subject rights. It includes provisions for breach notification, audit rights, and technical security measures, making it particularly crucial for international data transfers or when engaging with data processors. The Data Transfer Addendum must be customized to reflect the specific nature of the data transfer, the categories of data involved, and the particular requirements of the Austrian legal framework.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their registered addresses and authorized representatives

2. Background: Context of the underlying agreement this addendum relates to and the purpose of the data transfer arrangement

3. Definitions: Key terms used in the addendum, including specific Austrian law and GDPR terminology

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

5. Data Protection Safeguards: Specific measures to ensure GDPR compliance and Austrian law requirements for data protection

6. Data Transfer Mechanisms: Legal basis for the transfer and specific transfer mechanisms being relied upon

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under GDPR and Austrian law

8. Security Measures: Technical and organizational measures required to protect the transferred data

9. Breach Notification: Procedures and timelines for reporting data breaches

10. Audit Rights: Rights and procedures for conducting audits of data processing activities

11. Duration and Termination: Term of the addendum and conditions for termination

12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-processor Provisions: Required when the data importer intends to use sub-processors for data processing activities

2. Special Categories of Data: Include when sensitive personal data or special categories under GDPR Article 9 are being transferred

3. Data Return and Deletion: Detailed procedures for returning or deleting data, needed for more complex data handling arrangements

4. Cross-border Transfer Mechanisms: Required when data transfers occur outside the EEA

5. Industry-Specific Requirements: Additional provisions for regulated industries like healthcare or financial services

6. Local Representative: Required when either party needs to appoint a representative in the EU/Austria

7. Insurance Requirements: Specific insurance obligations for high-risk data transfers

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed information about the data transfer including categories of data subjects, types of personal data, frequency of transfer, and retention periods

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by both parties

3. Schedule 3 - Sub-processors: List of approved sub-processors and their processing activities, if applicable

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international data transfers

5. Appendix A - Contact Details: Contact information for data protection officers, representatives, and key personnel

6. Appendix B - Standard Contractual Clauses: If applicable, the full text of relevant SCCs for international transfers

7. Appendix C - Processing Instructions: Detailed instructions regarding the processing of transferred data

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

E-commerce

Manufacturing

Telecommunications

Education

Insurance

Research and Development

Pharmaceutical

Consulting Services

Cloud Services

Digital Marketing

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT

Risk Management

Procurement

Information Governance

International Business

Privacy

Operations

Contract Management

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Officer

Chief Technology Officer

Chief Information Security Officer

Privacy Manager

Data Protection Specialist

IT Security Manager

Procurement Manager

Contract Manager

Risk Manager

Information Governance Manager

International Business Development Manager

Chief Legal Officer

Data Protection Coordinator

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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