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Data Transfer Agreement

Data Transfer Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Data Transfer Agreement Template

"I need a Data Transfer Agreement Template for transferring customer data between our UAE headquarters and our subsidiaries in Europe and Asia, compliant with UAE federal law and including mechanisms for handling GDPR requirements, to be implemented by March 2025."

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Document background
This Data Transfer Agreement Template is essential for organizations operating in the UAE that need to transfer data between entities, whether domestically or internationally. The template is designed to comply with UAE Federal Decree-Law No. 45 of 2021 and related data protection regulations, including specific requirements for free zones such as DIFC and ADGM. It should be used whenever organizations need to establish a formal framework for transferring data, whether personal or non-personal, ensuring appropriate safeguards and compliance measures are in place. The document covers critical aspects such as data security requirements, processing limitations, breach notification procedures, and specific UAE regulatory compliance obligations. This template is particularly important given the UAE's evolving data protection landscape and its strategic position as a global business hub requiring frequent cross-border data transfers.
Suggested Sections

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

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

3. Definitions: Defined terms including types of data, processing activities, and key concepts

4. Scope and Purpose: Details of the data transfer, including types of data, purposes, and processing activities

5. Data Protection Obligations: Core obligations regarding data handling, protection, and compliance with UAE data protection laws

6. Technical and Security Measures: Required security standards, protocols, and measures for data protection

7. Data Transfer Mechanisms: Specific methods and requirements for transferring data, including cross-border considerations

8. Confidentiality: Obligations regarding data confidentiality and permitted disclosures

9. Sub-processing: Rules and requirements for engaging sub-processors

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

11. Audit Rights: Rights and procedures for auditing data handling and compliance

12. Breach Notification: Procedures and timeframes for reporting and handling data breaches

13. Term and Termination: Duration of agreement and termination provisions

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Governing Law and Jurisdiction: Specification of UAE law application and dispute resolution procedures

16. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments

Optional Sections

1. Special Categories of Data: Additional provisions for sensitive data categories requiring special protection under UAE law

2. International Transfer Provisions: Additional requirements for transfers outside the UAE, including to non-adequate jurisdictions

3. Data Protection Impact Assessment: Requirements and procedures for DPIAs when required by law or risk level

4. Industry-Specific Compliance: Additional provisions for specific sectors (e.g., healthcare, financial services)

5. Free Zone Specific Provisions: Additional requirements if either party operates in DIFC or ADGM

6. Joint Controller Provisions: Additional provisions when both parties act as joint controllers of the data

7. Data Minimization and Retention: Specific provisions regarding data retention periods and minimization requirements

8. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of data transfers including data categories, purposes, and processing activities

2. Schedule 2 - Technical and Security Measures: Detailed technical and organizational security measures required for data protection

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 - Data Processing Details: Specific details about data processing activities, including duration and purpose

6. Appendix A - Contact Points: List of key contacts for operational, technical, and legal matters

7. Appendix B - Standard Contractual Clauses: Standard clauses required for international transfers if applicable

8. Appendix C - Compliance Checklist: Checklist of compliance requirements under UAE data protection laws

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 Data Protection Laws
Authorized Personnel
Authorized Recipients
Breach Notification
Business Day
Confidential Information
Consent
Controller
Cross-border Transfer
Data
Data Exporter
Data Importer
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
Free Zone Regulations
GDPR
Group Company
Information Security Incident
International Transfer
Personal Data
Personal Data Breach
Processing
Processor
Regulatory Authority
Sensitive Personal Data
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Country
Third Party
Transfer Impact Assessment
UAE Data Protection Law
UAE Federal Law
Clauses
Parties and Definitions
Scope of Transfer
Data Protection Obligations
Technical Requirements
Security Measures
Confidentiality
Cross-border Transfer
Sub-processing
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Regulatory Compliance
Warranties and Representations
Severability
Entire Agreement
Amendment
Notice
Data Retention
Data Security
Privacy Impact Assessment
Breach Reporting
Access Control
Data Classification
Emergency Measures
Exit Management
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Real Estate

Hospitality

Logistics

Government Services

Retail

Media and Entertainment

Insurance

Energy

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Governance

Procurement

Contract Management

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Compliance Manager

Legal Counsel

Information Security Manager

IT Director

Risk Manager

Operations Director

Chief Technology Officer

Chief Privacy Officer

Contracts Manager

General Counsel

Information Governance Manager

Data Manager

Chief Compliance Officer

Industries
Federal Decree-Law No. 45 of 2021: The UAE's primary data protection law that governs the processing and transfer of personal data, including requirements for cross-border data transfers and data subject rights
DIFC Data Protection Law No. 5 of 2020: Specific data protection regulations for the Dubai International Financial Centre free zone, which may apply if either party is DIFC-based
ADGM Data Protection Regulations 2021: Abu Dhabi Global Market's data protection regulations, relevant if either party operates within ADGM
UAE Federal Law No. 2 of 2019: Cybersecurity regulations affecting data protection and transfer requirements for critical infrastructure and digital systems
UAE Civil Code (Federal Law No. 5 of 1985): Governs general contractual obligations and principles that would apply to the agreement structure and enforcement
UAE Commercial Transactions Law: Relevant for commercial aspects of data transfer agreements, particularly when data transfer is part of a commercial transaction
UAE Consumer Protection Law (Federal Law No. 15 of 2020): Applicable when the data transfer involves consumer personal data, ensuring consumer rights protection
UAE Electronic Transactions and Commerce Law (Federal Law No. 1 of 2006): Relevant for electronic aspects of data transfer and digital documentation requirements
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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