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Data Transfer Agreement

Data Transfer Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement under Saudi Arabian law for transferring customer data between our Riyadh-based company and a cloud service provider in the UAE, with specific provisions for financial sector compliance and data localization requirements."

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Document background
The Data Transfer Agreement is essential for organizations operating in or transferring data to/from Saudi Arabia that need to share, transfer, or process data between different entities. This document has become increasingly important following the implementation of Saudi Arabia's Personal Data Protection Law (PDPL) in 2023 and must comply with various regulatory requirements including the Cloud Computing Regulatory Framework and Cybersecurity Regulatory Framework. The agreement typically covers various types of data transfers, including personal data, commercial data, and technical information, and is designed to ensure that all parties maintain appropriate security measures and comply with Saudi Arabian data protection requirements. It is particularly relevant for cross-border data transfers and cloud computing services, where specific regulatory compliance is mandatory.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including technical terms and those defined by Saudi Arabian law

4. Scope and Purpose of Transfer: Details of the data to be transferred and the specific purposes for which it may be processed

5. Data Protection Obligations: Compliance requirements with Saudi PDPL and other relevant data protection laws

6. Security Measures: Technical and organizational measures required to protect the transferred data

7. Confidentiality: Obligations regarding data confidentiality and permitted disclosures

8. Sub-processing: Rules and restrictions regarding the use of sub-processors

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

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

11. Audit Rights: Rights of parties to conduct audits and inspections

12. Term and Termination: Duration of the agreement and termination provisions

13. Return or Destruction of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Specification of Saudi Arabian law as governing law and jurisdiction for disputes

Optional Sections

1. Data Localization Requirements: Additional provisions for scenarios where data must be stored within Saudi Arabia

2. Cloud Services Provisions: Specific provisions when data transfer involves cloud computing services, incorporating CCRF requirements

3. Special Categories of Data: Additional provisions for handling sensitive personal data as defined under Saudi law

4. International Transfer Mechanisms: Specific provisions for transfers outside Saudi Arabia

5. Government Access Requests: Procedures for handling government requests for data access

6. Insurance Requirements: Specific insurance obligations for high-risk data transfers

7. Business Continuity: Provisions for ensuring continuous data availability in critical transfers

Suggested Schedules

1. Description of Transfer: Detailed description of data types, transfer methods, and processing activities

2. Technical Security Measures: Detailed technical specifications for security controls and measures

3. Authorized Sub-processors: List of approved sub-processors and their roles

4. Data Processing Instructions: Detailed instructions for data processing and handling

5. Contact Points and Procedures: List of key contacts and detailed operational procedures

6. Service Level Agreement: Performance metrics and service levels for data transfer activities

7. Compliance Checklist: Checklist of compliance requirements under Saudi law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Authorized Personnel
Authorized Purpose
Business Day
Confidential Information
Controller
Data
Data Breach
Data Protection Laws
Data Subject
Data Subject Rights
Data Transfer
Effective Date
Force Majeure
Group Company
Information Security Incident
Intellectual Property Rights
Personal Data
Processing
Processor
Receiving Party
Representatives
Saudi Arabian Law
Security Measures
Sensitive Personal Data
Services
Special Categories of Data
Sub-processor
Technical and Organizational Measures
Term
Territory
Third Party
Transfer Mechanism
Transferring Party
Permitted Purpose
PDPL
Cloud Computing Services
Cybersecurity Requirements
Data Localization
Cross-border Transfer
Regulatory Authority
Compliance Documentation
Audit Trail
Data Protection Impact Assessment
Exit Plan
Incident Response Plan
Material Breach
Notice
Clauses
Definitions
Interpretation
Scope of Transfer
Data Protection Obligations
Security Requirements
Confidentiality
Sub-processing
Data Subject Rights
Cross-border Transfers
Audit Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendments
Notices
Warranties
Compliance with Laws
Data Retention
Return or Destruction of Data
Business Continuity
Regulatory Cooperation
Third Party Rights
Costs
Waiver
Relationship of Parties
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

E-commerce

Professional Services

Manufacturing

Education

Government

Energy

Retail

Insurance

Banking

Consulting

Cloud Services

Digital Media

Pharmaceuticals

Real Estate

Transportation

Logistics

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Risk Management

Data Protection

Privacy

Operations

Procurement

Vendor Management

Information Governance

Digital Transformation

Regulatory Affairs

Contract Management

Corporate Governance

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Chief Technology Officer

Chief Privacy Officer

Procurement Manager

Contract Manager

Information Governance Manager

Digital Transformation Manager

Chief Legal Officer

Data Manager

Security Officer

Vendor Management Officer

Regulatory Compliance Officer

Industries
Personal Data Protection Law (PDPL): Saudi Arabia's main data protection law implemented in 2023, which governs the collection, processing, disclosure, and transfer of personal data. This law includes specific requirements for cross-border data transfers.
Cloud Computing Regulatory Framework (CCRF): Regulations issued by the Communications and Information Technology Commission (CITC) governing cloud computing services and data storage, including requirements for data localization and transfer.
Electronic Transactions Law: Governs electronic transactions and digital signatures in Saudi Arabia, relevant for the authentication and validity of electronic data transfers.
Cybersecurity Regulatory Framework: Issued by the National Cybersecurity Authority (NCA), providing requirements for cybersecurity controls and data protection measures.
Anti-Cyber Crime Law: Addresses unauthorized access to data and systems, relevant for ensuring proper security measures in data transfer agreements.
Telecommunications Law: Regulates telecommunications services and infrastructure, which may be relevant for data transfers using telecommunications networks.
Saudi Vision 2030 Regulatory Framework: Strategic framework that includes digital transformation initiatives and related regulatory requirements affecting data handling and transfers.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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Data Transfer Agreement

A Saudi Arabian law-governed agreement establishing terms for secure and compliant data transfer between organizations.

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