The International Data Transfer Agreement is essential for organizations transferring personal data from Malta or other EU locations to countries outside the EEA. It becomes necessary when an organization needs to share personal data with entities in third countries that aren't covered by an EU adequacy decision. The agreement incorporates Standard Contractual Clauses (SCCs) and addresses specific requirements under Maltese law, which as an EU member state must comply with GDPR. This document is particularly crucial following recent developments in international data protection law, including the Schrems II decision and updated SCCs. It provides comprehensive safeguards for data transfers, including detailed technical and organizational measures, data breach procedures, and audit rights, while ensuring compliance with both EU and Maltese data protection requirements.

1. Parties: Identification of the data exporter and data importer, including their roles and contact details

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

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and contract-specific definitions

4. Scope and Purpose of Transfer: Details of the data transfer activities, categories of data subjects and personal data

5. Roles and Responsibilities: Clear designation of parties as controller/processor or processor/sub-processor and their respective obligations

6. Legal Basis for Transfer: Specification of transfer mechanism and legal basis under GDPR Chapter V

7. Data Protection Safeguards: Technical and organizational measures for data protection and security

8. Sub-processing: Conditions and requirements for engaging sub-processors

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

10. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

11. Audit Rights: Rights and procedures for conducting audits and inspections

12. Duration and Termination: Term of agreement, termination conditions, and obligations post-termination

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

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