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Data Transfer Agreement

Data Transfer Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement governed by Hong Kong law for transferring customer financial data between our Hong Kong headquarters and our new mainland China subsidiary, with implementation planned for March 2025."

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Document background
A Data Transfer Agreement is essential when organizations need to transfer personal data between parties, whether domestically within Hong Kong or internationally. This document is particularly crucial given Hong Kong's robust data protection regime under the Personal Data (Privacy) Ordinance (PDPO) and the increasing focus on data privacy globally. It should be used whenever there is a systematic or regular transfer of personal data between organizations, especially when dealing with sensitive information or cross-border transfers. The agreement covers key aspects such as data security measures, processing limitations, breach notifications, and compliance requirements. It's designed to protect both the transferring and receiving parties while ensuring the rights of data subjects are maintained in accordance with Hong Kong law.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their registered addresses and company details

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

3. Definitions: Definitions of key terms including Personal Data, Processing, Transfer, Data Subject, etc.

4. Scope and Purpose of Transfer: Details of what data will be transferred, purposes of transfer, and processing activities

5. Obligations of Data Exporter: Responsibilities of the party sending the data, including data accuracy and compliance with PDPO

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

7. Technical and Security Measures: Specific security requirements for data transfer and storage

8. Data Subject Rights: Procedures for handling data subject requests and maintaining their rights

9. Breach Notification: Requirements and procedures for reporting data breaches

10. Audit Rights: Rights of parties to conduct audits and compliance checks

11. Liability and Indemnities: Allocation of risk and responsibility between parties

12. Term and Termination: Duration of agreement and circumstances for termination

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and notices

Optional Sections

1. Sub-processing: Include when data importer may need to engage sub-processors

2. Special Categories of Data: Include when sensitive personal data is being transferred

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

4. Cross-border Transfer Mechanisms: Include when data will be transferred outside Hong Kong

5. Industry-Specific Requirements: Include when transfer involves regulated industries (e.g., financial services, healthcare)

6. Business Continuity: Include when continuous data transfer is critical for operations

7. Exit Management: Include when complex transition arrangements may be needed at termination

Suggested Schedules

1. Description of Transfer: Detailed information about the data transfers including categories of data subjects, types of data, frequency of transfer

2. Technical and Security Measures: Detailed specifications of security protocols and measures

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

4. Transfer Impact Assessment: Assessment of risks and mitigation measures for the transfer

5. Data Processing Instructions: Specific instructions for how data should be processed

6. Contact Details: Key contacts for both parties including Data Protection Officers

7. Service Levels: Performance metrics and standards for data transfer activities

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 Persons
Authorized Sub-processor
Business Day
Confidential Information
Data Breach
Data Controller
Data Exporter
Data Importer
Data Processing Agreement
Data Protection Impact Assessment
Data Protection Laws
Data Protection Principles
Data Subject
Data Subject Request
Data Transfer
Effective Date
GDPR
Group Company
Information Security Incident
Intellectual Property Rights
Notice
Personal Data
PDPO
Processing
Processor
Regulatory Authority
Representatives
Security Measures
Sensitive Personal Data
Services
Special Categories of Data
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Impact Assessment
Transferred Data
Clauses
Definitions
Scope of Transfer
Data Protection Compliance
Data Security
Confidentiality
Processing Restrictions
Sub-processing
Audit Rights
Data Subject Rights
Breach Notification
Cross-border Transfer
Technical Requirements
Security Measures
Liability
Indemnification
Force Majeure
Term and Termination
Exit Management
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Warranties
Representatives
Costs
Third Party Rights
Data Retention
Business Continuity
Regulatory Compliance
Insurance
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Insurance

Manufacturing

Retail

Logistics

Real Estate

Media and Entertainment

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Procurement

Corporate Governance

Technology

Data Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Privacy Manager

Information Security Manager

Operations Director

Chief Technology Officer

General Counsel

Contract Manager

Data Governance Manager

Chief Operating Officer

Industries
Personal Data (Privacy) Ordinance (PDPO): Hong Kong's primary data protection legislation that sets out data protection principles and requirements for collection, handling, and transfer of personal data
Electronic Transactions Ordinance (Cap. 553): Governs the legal recognition and use of electronic signatures and records, which is relevant for electronic data transfer agreements
Guidance on Personal Data Protection in Cross-border Data Transfer: Guidelines issued by the Privacy Commissioner for Personal Data (PCPD) on cross-border data transfers and contractual requirements
Data Protection Principles (DPPs): Six principles under PDPO that specify requirements for data collection, accuracy, retention, security, transparency, and access
General Data Protection Regulation (GDPR): While not Hong Kong law, should be considered if transfers involve EU data subjects or organizations
Banking Ordinance (Cap. 155): Relevant if the data transfer involves banking or financial information, including specific requirements for customer data protection
Telecommunications Ordinance (Cap. 106): Applicable if the data transfer involves telecommunications networks or services
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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