The Data Transfer Addendum is essential when organizations need to transfer personal data, particularly across borders. It ensures compliance with UK data protection laws, including the UK GDPR and Data Protection Act 2018. This document is typically used to supplement existing agreements when data sharing becomes necessary, establishing clear protocols for data protection, security measures, and parties' responsibilities. The addendum is particularly crucial for international transfers where additional safeguards are required under English and Welsh law.
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1. Parties: Identification of data exporter and data importer
2. Background: Context of the data transfer relationship and reference to main agreement
3. Definitions: Key terms used throughout the addendum including references to UK GDPR, Data Protection Act 2018, and other relevant legislation
4. Scope and Purpose: Details of data transfer activities covered and the purpose of the addendum
5. Data Protection Obligations: Core obligations regarding data protection and security measures
6. Transfer Mechanisms: Legal basis for international transfers including compliance with UK IDTA requirements
7. Term and Termination: Duration of the addendum and conditions for termination
1. Sub-processing: Rules and requirements for engaging sub-processors in data processing activities
2. Audit Rights: Provisions for auditing data protection compliance, particularly relevant for high-risk transfers
3. Local Law Assessment: Assessment procedures for recipient country laws when transferring to non-adequate jurisdictions
1. Description of Transfer: Detailed information about the transfer including data categories, purposes, and processing activities
2. Technical and Organizational Measures: Comprehensive list of security measures implemented by both parties
3. Approved Sub-processors: List of pre-approved sub-processors and process for adding new ones
4. Transfer Impact Assessment: Documentation of risk assessment and implemented safeguards for the data transfer
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