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Data Transfer Agreement

Data Transfer Agreement Template for Nigeria

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement for transferring customer health records from our Nigerian hospital to a cloud service provider in the UK, with provisions for NDPR compliance and special categories of personal data, to be effective from March 2025."

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Document background
This Data Transfer Agreement is essential for organizations transferring personal data within or from Nigeria, ensuring compliance with the Nigeria Data Protection Regulation (NDPR) 2019 and other relevant data protection laws. The document becomes necessary when any organization (data exporter) needs to transfer personal data to another organization (data importer) for processing or storage purposes. It is particularly relevant for international data transfers, cross-border operations, or when engaging third-party service providers. The agreement includes comprehensive provisions for data security, privacy protection, breach notification procedures, and regulatory compliance mechanisms. It is designed to protect the rights of data subjects while facilitating legitimate business operations under Nigerian jurisdiction.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including specific definitions required by Nigerian data protection law

4. Purpose and Scope: Details of the purpose of the data transfer and the scope of data processing activities

5. Data Protection Obligations: Compliance requirements with NDPR and other applicable data protection laws

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

7. Data Transfer Mechanisms: Legal basis and mechanisms for transferring data, including international transfers if applicable

8. Confidentiality: Obligations regarding data confidentiality and professional secrecy

9. Data Breach Notification: Procedures and timeframes for reporting data breaches

10. Audit Rights: Rights of the data exporter to audit the data importer's compliance

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

12. Return or Destruction of Data: Obligations regarding data handling upon termination

13. Liability and Indemnification: Allocation of liability and indemnification obligations

14. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-Processing: Required if the data importer will engage sub-processors

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

3. Data Subject Rights: Detailed procedures for handling data subject requests, if not covered in main obligations

4. Insurance Requirements: Specific insurance obligations for data protection risks

5. Business Continuity: Business continuity and disaster recovery requirements

6. Cross-Border Transfer Safeguards: Additional safeguards for international transfers outside Nigeria

7. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., financial services, healthcare)

Suggested Schedules

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

2. Technical and Organizational Measures: Detailed security measures and controls implemented by the data importer

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

4. Transfer Impact Assessment: Assessment of risks and safeguards for the data transfer

5. Data Processing Details: Specific details about processing activities, frequency, and purposes

6. Contact Points and Procedures: Key contacts and procedural requirements for both parties

7. Service Level Agreement: Performance metrics and service levels 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 Personnel
Business Day
Confidential Information
Controller
Data
Data Breach
Data Export
Data Import
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Data Transfer
Effective Date
Force Majeure
GDPR
Group Company
Information Security Incident
International Transfer
NDPR
NITDA
Personal Data
Personal Data Breach
Processing
Processor
Recipient
Relevant Transfer
Representatives
Security Measures
Sensitive Personal Data
Services
Special Categories of Data
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Impact Assessment
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

E-commerce

Manufacturing

Professional Services

Education

Insurance

Real Estate

Energy

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Procurement

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Information Security Manager

Privacy Manager

Operations Director

Chief Technology Officer

Contract Manager

General Counsel

Head of Compliance

Chief Operating Officer

Industries
Nigeria Data Protection Regulation (NDPR) 2019: The primary data protection framework in Nigeria that regulates the collection, processing, and transfer of personal data. It includes specific requirements for international data transfers and data processing agreements.
Constitution of the Federal Republic of Nigeria 1999: Particularly Section 37, which provides for the fundamental right to privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
Consumer Protection Framework 2016: Issued by the Central Bank of Nigeria, it contains provisions relating to consumer data protection in the financial sector, including requirements for data handling and transfer.
Cybercrimes (Prohibition, Prevention, etc.) Act 2015: Provides legal framework for cybersecurity and protection of computer systems and networks, including provisions relevant to data security during transfers.
National Information Technology Development Agency Act 2007: Establishes NITDA as the principal regulator for information technology in Nigeria, including oversight of data protection regulations.
Freedom of Information Act 2011: While primarily concerning public records, it contains provisions relevant to information management and confidentiality that may affect data transfer agreements.
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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