Data Transfer Agreement Template for England and Wales

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement to cover the transfer of customer data from our UK office to our new subsidiary in Singapore, ensuring compliance with UK GDPR and including provisions for AI-driven data processing starting from March 2025."

Document background
Data Transfer Agreements are essential documents required when organizations share personal data, particularly across jurisdictional boundaries. This agreement type is specifically designed to comply with UK GDPR and Data Protection Act 2018 requirements under English and Welsh law. A Data Transfer Agreement becomes necessary when personal data is shared between separate entities, whether domestically or internationally, and includes provisions for data security, processing limitations, and data subject rights. It's particularly crucial following Brexit, as it must address both UK and, where relevant, EU data protection requirements.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including specific data protection terminology

4. Scope and Purpose of Transfer: Details of what data is being transferred and for what specific purposes

5. Obligations of the Parties: Specific responsibilities of both data exporter and importer

6. Data Security Measures: Technical and organizational measures for data protection

7. Data Subject Rights: How data subject requests will be handled

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

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

Optional Sections

1. Sub-processing: Rules for engaging sub-processors - include when the data importer may need to engage other parties to process the data

2. Audit Rights: Rights to audit data processing activities - include when regular compliance verification is required

3. Data Return/Destruction: Procedures for returning or destroying data - include when specific data lifecycle management is required

4. Insurance: Insurance requirements for data processing activities - include when dealing with high-risk or sensitive data

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of the data transfer including categories of data subjects and data

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

3. Schedule 3 - Standard Contractual Clauses: If applicable, the relevant SCCs for international transfers

4. Schedule 4 - Approved Sub-processors: List of approved sub-processors, if applicable

5. Schedule 5 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

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
Relevant Teams
Relevant Roles
Industries

UK GDPR: The United Kingdom General Data Protection Regulation - the fundamental law governing data protection in the UK post-Brexit, setting out principles for data processing, transfer, and protection

Data Protection Act 2018: The UK's implementation of data protection laws, complementing and supplementing the UK GDPR, providing specific requirements for data processing in the UK context

PECR 2003: Privacy and Electronic Communications Regulations - specific rules for electronic communications, including electronic marketing, cookies, and communication services

EU GDPR: European Union General Data Protection Regulation - relevant for transfers involving EU data subjects or organizations, setting standards for data protection in the EU

Standard Contractual Clauses: Pre-approved contractual terms for international data transfers, ensuring adequate protection when transferring personal data outside the UK/EU

Binding Corporate Rules: Internal rules for data transfers within multinational companies, approved by relevant supervisory authorities to ensure consistent protection standards

Adequacy Decisions: Official determinations that certain countries provide adequate levels of data protection, facilitating easier data transfers to these jurisdictions

NIS Regulations 2018: Network and Information Systems Regulations - cybersecurity requirements for essential services and digital service providers

Common Law Confidentiality: English common law principles governing confidential information and its protection in business relationships

English Contract Law: Fundamental principles of contract formation, interpretation, and enforcement under English law that affect data transfer agreements

ICO Guidelines: Regulatory guidance from the Information Commissioner's Office providing practical interpretation and compliance requirements for UK data protection laws

EDPB Guidelines: European Data Protection Board guidance relevant for international data transfers and compliance with EU data protection requirements

Schrems II Decision: Landmark court decision affecting international data transfers, requiring additional safeguards and transfer impact assessments

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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