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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."
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
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
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
Applicable Data Protection Law
Authorized Person
Confidential Information
Controller
Data Breach
Data Exporter
Data Importer
Data Protection Authority
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Executive Regulations
Personal Data
Processing
Processor
Professional Secret
Recipient
Regulatory Authority
Restricted Transfer
Security Measures
Sensitive Personal Data
Standard Contractual Clauses
Sub-processor
Technical Measures
Third Country
Transfer Impact Assessment
Transfer Mechanism
UAE Data Protection Law
Organizational Measures
Scope
Data Protection
Transfer Mechanisms
Data Processing
Security Requirements
Confidentiality
Sub-processing
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Cross-border Transfer
Compliance
Record Keeping
Assignment
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Severability
Entire Agreement
Variation
Notices
Third Party Rights
Data Retention
Technical Measures
Regulatory Cooperation
Insurance
Financial Services
Healthcare
Technology
E-commerce
Telecommunications
Professional Services
Education
Real Estate
Insurance
Hospitality
Retail
Manufacturing
Logistics
Media and Entertainment
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Operations
Procurement
Business Development
Human Resources
Data Management
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
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