International Data Transfer Agreement Template for Austria

The International Data Transfer Agreement is essential for organizations transferring personal data from Austria or other EU/EEA countries to recipients in third countries. Following the Schrems II decision and evolving data protection requirements, this agreement provides a robust legal framework compliant with both GDPR and Austrian data protection law. It incorporates Standard Contractual Clauses (SCCs), supplementary measures as needed, and specific provisions addressing the recipient country's legal landscape. The agreement is particularly crucial for organizations dealing with regular international data flows, cloud services, or global business operations where personal data needs to be transferred outside the EU/EEA while maintaining high standards of data protection and privacy.

1. Parties: Identification of the data exporter and data importer, including full legal names, registration details, and authorized representatives

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

3. Definitions: Definitions of key terms used in the agreement, including those from GDPR, Austrian Data Protection Act, and agreement-specific terms

4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred, purposes, and processing activities

5. Obligations of the Data Exporter: Responsibilities of the data exporter, including data collection, consent management, and compliance with EU/Austrian law

6. Obligations of the Data Importer: Responsibilities of the data importer, including data protection measures, processing limitations, and compliance requirements

7. Technical and Organizational Measures: Specific security measures required for data protection during transfer and processing

8. Sub-processing: Rules and requirements for engaging sub-processors, including approval processes

9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights under GDPR

10. Audit Rights: Provisions for conducting audits and inspections of data processing facilities

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

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

14. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments