This Data Transfer Agreement is essential for organizations transferring personal data under Maltese jurisdiction, whether within the EU or internationally. It is specifically designed to comply with the requirements of the GDPR, Malta's Data Protection Act, and related data protection regulations. The document is crucial when personal data is being transferred between controllers and processors, or when data is being transferred to third countries. It includes comprehensive provisions covering security measures, data subject rights, breach notifications, and liability allocation. This agreement is particularly important given Malta's position as an EU member state and its role as a hub for financial services, gaming, and technology companies, requiring robust data protection mechanisms. The agreement should be used whenever there is systematic sharing or transfer of personal data between organizations, especially when one party is processing data on behalf of another.
Data Transfer Agreement for Malta
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Key Requirements PROMPT example:
Data Transfer Agreement
"I need a Data Transfer Agreement for transferring customer financial data from our Malta-based fintech company to our cloud service provider in Germany, ensuring GDPR compliance and including specific provisions for financial sector requirements."
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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined by GDPR
4. Subject Matter and Details of Transfer: Description of the categories of data being transferred, purposes, and transfer mechanisms
5. Data Protection Safeguards: Specific measures to ensure GDPR compliance and data protection
6. Obligations of Data Importer: Specific responsibilities of the receiving party regarding data handling and protection
7. Obligations of Data Exporter: Responsibilities of the sending party, including ensuring legal basis for transfer
8. Security Measures: Technical and organizational security measures required for data protection
9. Sub-processing: Rules and restrictions regarding the use of sub-processors
10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
11. Breach Notification: Procedures and timeframes for reporting data breaches
12. Term and Termination: Duration of the agreement and conditions for termination
13. Return or Deletion of Data: Requirements for handling data upon agreement termination
14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Audit Rights: Detailed audit provisions when regular auditing is required by either party
2. Special Categories of Personal Data: Additional provisions when sensitive data categories are involved
3. International Transfer Mechanisms: Specific provisions for transfers outside the EU/EEA
4. Data Protection Impact Assessment: Requirements when transfer involves high-risk processing
5. Joint Controller Provisions: Additional terms when parties act as joint controllers rather than controller-processor
6. Insurance Requirements: Specific insurance obligations for high-risk or regulated sector transfers
7. Industry-Specific Compliance: Additional requirements for specific regulated industries (e.g., healthcare, financial services)
1. Schedule 1 - Details of Processing: Detailed description of data categories, subjects, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties
3. Schedule 3 - Approved Sub-processors: List of pre-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: EU SCCs if applicable for international transfers
6. Appendix A - Contact Points: Key contacts for operational, technical, and legal matters
7. Appendix B - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorised Recipients
Business Day
Confidential Information
Controller
Data Exporter
Data Importer
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
Effective Date
EU Standard Contractual Clauses
GDPR
Group Company
Information Commissioner
International Transfer
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organisational Measures
Term
Third Country
Transfer Impact Assessment
Working Day
Applicable Data Protection Laws
Authorised Recipients
Business Day
Confidential Information
Controller
Data Exporter
Data Importer
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
Effective Date
EU Standard Contractual Clauses
GDPR
Group Company
Information Commissioner
International Transfer
Maltese Data Protection Act
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organisational Measures
Term
Third Country
Transfer Impact Assessment
Working Day
Clauses
Interpretation
Scope and Purpose
Data Protection Compliance
Data Transfer Mechanisms
Processing Obligations
Security Requirements
Confidentiality
Sub-processing
Data Subject Rights
Audit Rights
Breach Notification
Cross-border Transfers
Liability and Indemnification
Term and Termination
Return or Destruction of Data
Assignment and Subcontracting
Force Majeure
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Scope and Purpose
Data Protection Compliance
Data Transfer Mechanisms
Processing Obligations
Security Requirements
Confidentiality
Sub-processing
Data Subject Rights
Audit Rights
Breach Notification
Cross-border Transfers
Liability and Indemnification
Term and Termination
Return or Destruction of Data
Assignment and Subcontracting
Force Majeure
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Relevant Industries
Financial Services
Gaming and iGaming
Technology and Software
Healthcare and Pharmaceuticals
Professional Services
E-commerce
Telecommunications
Maritime and Logistics
Education
Tourism and Hospitality
Relevant Teams
Legal
Compliance
Information Security
Information Technology
Risk Management
Data Protection
Operations
Privacy
Procurement
Information Governance
Relevant Roles
Data Protection Officer
Privacy Manager
Legal Counsel
Compliance Officer
Information Security Manager
IT Director
Chief Technology Officer
Risk Manager
Operations Director
Chief Information Security Officer
Privacy Counsel
Contracts Manager
Chief Legal Officer
Data Protection Specialist
Information Governance Manager
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