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Data Transfer Agreement
"I need a Data Transfer Agreement for transferring medical research data from our Belgian laboratory to a research partner in Canada, ensuring GDPR compliance and including specific provisions for special categories of personal data, to be effective from March 2025."
1. Parties: Identification of the data exporter and data importer, including their legal status and contact details
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology
4. Subject Matter and Details of Transfer: Description of the categories of data, data subjects, and processing purposes
5. Obligations of the Parties: Core responsibilities of both parties regarding data protection and transfer
6. Technical and Organizational Measures: Security measures required for data protection during transfer and processing
7. Sub-processing: Rules and requirements for engaging sub-processors
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
9. Data Breach Notification: Procedures and timelines for reporting data breaches
10. Audit Rights: Provisions for conducting audits and inspections
11. Term and Termination: Duration of the agreement and termination conditions
12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. Signature Page: Execution blocks for all parties
1. International Transfer Mechanisms: Required when transfers occur outside the EEA, incorporating Standard Contractual Clauses or other transfer mechanisms
2. Special Categories of Data: Additional provisions when sensitive personal data is involved
3. Joint Controller Provisions: Required when both parties act as joint controllers rather than controller-processor
4. Data Protection Impact Assessment: Provisions regarding DPIAs when high-risk processing is involved
5. Insurance Requirements: Specific insurance obligations for data protection
6. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)
7. Force Majeure: Provisions for handling unforeseen circumstances affecting data transfer obligations
1. Schedule 1 - Details of Processing: Detailed description of data categories, processing activities, and purposes
2. Schedule 2 - Technical and Security Measures: Detailed specifications of security controls and measures
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Schedule 5 - Standard Contractual Clauses: If applicable, the full text of SCCs for international transfers
6. Schedule 6 - Contact Points: List of key contacts for operational and emergency matters
7. Schedule 7 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Applicable Data Protection Laws
Belgian Data Protection Act
Controller
Data Breach
Data Export
Data Import
Data Protection Authority
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
GDPR
Personal Data
Processing
Processor
Restricted Transfer
Schedule
Security Measures
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Impact Assessment
Transfer Mechanism
Transferred Data
Scope
Data Protection
Data Processing
Data Security
Confidentiality
Audit Rights
Sub-Processing
Cross-Border Transfer
Breach Notification
Liability
Indemnification
Force Majeure
Termination
Data Return and Deletion
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Amendment
Entire Agreement
Survival
Warranties
Compliance with Laws
Third Party Rights
Insurance
Records and Documentation
Technology
Healthcare
Financial Services
Insurance
E-commerce
Manufacturing
Professional Services
Education
Telecommunications
Research and Development
Pharmaceutical
Retail
Marketing Services
Human Resources Services
Cloud Services
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Data Governance
Procurement
Operations
Business Development
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
Privacy Manager
IT Director
Chief Information Security Officer
Chief Privacy Officer
Data Governance Manager
Risk Manager
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
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