Personal Data Transfer Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer and employee data from our UAE headquarters to our new technology service provider in Singapore, with processing starting from March 2025; the agreement must comply with UAE federal law and DIFC regulations as we operate in both jurisdictions."

Document background
A Personal Data Transfer Agreement is essential when organizations need to transfer personal data from the UAE to other jurisdictions. This document becomes necessary when UAE-based organizations share personal data with foreign entities, whether they are group companies, service providers, or other business partners. The agreement ensures compliance with UAE Federal Decree-Law No. 45/2021, its implementing regulations, and relevant free zone data protection laws. It covers crucial aspects such as transfer mechanisms, security measures, data subject rights, and breach notification procedures. This agreement is particularly important given the UAE's strict requirements for international data transfers and the need to ensure adequate protection of personal data in recipient countries.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their registered details and roles (controller/processor)

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

3. Definitions: Key terms used in the agreement, aligned with UAE Federal Decree-Law No. 45/2021 definitions

4. Scope and Purpose of Transfer: Detailed description of the personal data to be transferred and purposes of processing

5. Obligations of Data Exporter: Responsibilities of the sending party including data accuracy, legal basis for transfer, and compliance with UAE law

6. Obligations of Data Importer: Responsibilities of the receiving party including security measures, processing limitations, and onward transfer restrictions

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under UAE law

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

9. Breach Notification: Procedures for reporting and handling personal data breaches

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Return or Deletion of Data: Procedures for handling personal data upon agreement termination

12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-processing: Required when the data importer intends to use sub-processors for data processing

2. Specific Processing Operations: Needed when transfer involves special categories of personal data or high-risk processing

3. Data Protection Impact Assessment: Required when transfer involves high-risk processing activities

4. Free Zone Compliance: Required when either party operates in DIFC or ADGM free zones

5. Audit Rights: Optional enhanced monitoring rights for the data exporter

6. Insurance Requirements: Optional section specifying required insurance coverage for data protection

7. Joint Controller Provisions: Required when both parties act as joint controllers of the personal data

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed specification of data categories, subjects, processing purposes, and transfer frequency

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties

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 the specific transfer context

5. Schedule 5 - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses approved under UAE law

6. Appendix A - Contact Points: Key contacts for operational matters, breach notification, and data subject requests

7. Appendix B - Data Processing Register: Template for maintaining records of processing activities under the agreement

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

Relevant legal definitions
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Insurance

Hospitality

Retail

Manufacturing

Logistics

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Operations

Procurement

Business Development

Human Resources

Data Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Risk Manager

IT Director

Chief Information Security Officer

Chief Legal Officer

Chief Compliance Officer

Operations Manager

Project Manager

Business Development Manager

Procurement Manager

Industries
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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