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International Data Transfer Agreement

International Data Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement for our Irish technology company to transfer customer data to our new cloud service providers in Singapore and Australia, with implementation planned for March 2025, ensuring compliance with GDPR and including specific provisions for AI-driven data analytics."

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Document background
The International Data Transfer Agreement is essential for organizations transferring personal data from Ireland or other EU locations to countries outside the EEA. This document became particularly crucial following the Schrems II decision and the invalidation of the Privacy Shield, requiring organizations to implement robust safeguards for international data transfers. It incorporates necessary provisions to comply with GDPR Article 46, the Irish Data Protection Act 2018, and relevant guidance from the Irish Data Protection Commission. The agreement is designed to protect personal data throughout its international transfer and subsequent processing, including detailed technical and organizational measures, data subject rights protection mechanisms, and breach notification procedures. It's particularly relevant for multinational companies, cloud service providers, and organizations with global data processing operations that involve Irish-regulated data transfers.
Suggested Sections

1. Parties: Identification of data exporter and data importer, including their roles and contact details

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

3. Definitions: Definitions of key terms used in the agreement, including those from GDPR and local data protection laws

4. Scope and Purpose of Transfer: Details of the data transfer activities, categories of data, and purposes of processing

5. Roles and Responsibilities: Clear delineation of roles (controller/processor) and specific responsibilities of each party

6. Transfer Mechanism and Legal Basis: Specification of transfer mechanism under GDPR Article 46 and legal basis for processing

7. Data Protection Safeguards: Technical and organizational measures to ensure data protection and security

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

9. Security Breach Notification: Procedures for detecting, reporting, and handling data breaches

10. Audit and Compliance: Rights and procedures for monitoring compliance and conducting audits

11. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

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

13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

Optional Sections

1. Sub-processing: Required when the data importer may engage sub-processors, detailing authorization process and obligations

2. Special Categories of Data: Required when transfer includes sensitive personal data, specifying additional safeguards

3. Transfer Impact Assessment: Required for high-risk transfers or transfers to certain jurisdictions, documenting risk assessment

4. Data Minimization and Retention: Detailed provisions on data minimization principles and retention periods when specific requirements exist

5. Insurance Requirements: Specific insurance obligations for high-value or high-risk transfers

6. Local Law Assessment: Required for transfers to countries without adequacy decisions, analyzing impact of local laws

7. BCR Integration: Required when transfer relies on Binding Corporate Rules, specifying interaction with BCRs

Suggested Schedules

1. Description of Transfer: Detailed description of data transfer including data categories, subjects, purposes, and frequency

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

3. Sub-processor List: List of approved sub-processors and their roles, if applicable

4. Transfer Impact Assessment: Documented assessment of transfer risks and mitigation measures

5. Data Processing Details: Specific details about processing activities, including processing locations and methods

6. Contact Details: Detailed contact information for key personnel and data protection officers

7. Standard Contractual Clauses: If using SCCs, the complete set of applicable clauses with appropriate modules selected

8. Supplementary Measures: Additional technical, contractual, and organizational measures required for specific 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Appropriate Safeguards
Authorized Personnel
Binding Corporate Rules
Controller
Data Exporter
Data Importer
Data Protection Impact Assessment
Data Subject
EEA
EU Standard Contractual Clauses
GDPR
Irish Data Protection Act
Law Enforcement Request
Material Change
Member State
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Schedule
Security Measures
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Third Country
Transfer Impact Assessment
Transfer Safeguards
Transfer Tools
Transferred Data
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Telecommunications

Cloud Services

Research and Development

Pharmaceuticals

Education

Insurance

Consulting

Digital Marketing

Human Resources

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Data Protection

Procurement

Vendor Management

International Operations

Corporate Affairs

Information Governance

Technology Operations

Business Development

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Director

Compliance Manager

Information Security Officer

Chief Technology Officer

Privacy Manager

Risk Management Officer

Commercial Counsel

IT Director

Data Protection Specialist

Chief Information Security Officer

International Business Manager

Procurement Manager

Vendor Relations Manager

Industries
General Data Protection Regulation (GDPR): The primary EU regulation governing data protection and privacy, particularly relevant for Chapter V which specifically deals with international data transfers
Data Protection Act 2018 (Ireland): Irish national legislation that implements GDPR and provides additional local requirements for data protection and international transfers
European Commission Standard Contractual Clauses (SCCs) 2021: Updated standard contractual clauses adopted by the EU Commission for international data transfers to third countries
Schrems II Decision (Case C-311/18): CJEU judgment requiring assessment of third country legal systems and additional safeguards for international data transfers
EDPB Recommendations 01/2020: Guidelines on supplementary measures for transfer tools to ensure compliance with EU level of protection of personal data
Data Protection Commission (Ireland) Guidelines: Specific guidance from the Irish supervisory authority on international data transfers
EU-US Data Privacy Framework: Framework governing data transfers between EU and US, relevant if the transfer involves US entities
Irish Data Protection Act 1988 and 2003: Previous Irish data protection legislation that may still have relevant provisions and interpretative value
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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