International Data Transfer Agreement Template for Nigeria

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Key Requirements PROMPT example:

International Data Transfer Agreement

"Need an International Data Transfer Agreement for my Nigerian fintech company to transfer customer payment data to our cloud service providers in Ireland, with implementation planned for March 2025 and specific emphasis on financial data security compliance."

Document background
The International Data Transfer Agreement is essential for organizations transferring personal data from Nigeria to other countries, ensuring compliance with the Nigeria Data Protection Act 2023 and related regulations. This document becomes necessary when a Nigerian entity needs to share personal data with foreign organizations, whether for business operations, service provision, or data processing activities. It establishes comprehensive frameworks for data protection, including security measures, breach notifications, and audit requirements. The agreement is particularly crucial given Nigeria's strengthened data protection regime and the need to ensure adequate safeguards for international data flows. It helps organizations demonstrate compliance with Nigerian data protection requirements while facilitating necessary international data transfers.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined in Nigerian Data Protection Act

4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred, purpose of transfer, and processing activities

5. Obligations of Data Exporter: Responsibilities and warranties of the data exporter, including compliance with Nigerian data protection laws

6. Obligations of Data Importer: Responsibilities and warranties of the data importer, including data protection measures and processing limitations

7. Data Security Measures: Specific technical and organizational security measures required to protect the transferred data

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

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

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

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

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

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

Optional Sections

1. Sub-processing: Terms governing the appointment and oversight of sub-processors, used when the data importer may need to engage other parties

2. Data Retention and Deletion: Specific requirements for data retention periods and deletion procedures, included when specific retention requirements exist

3. Insurance Requirements: Specific insurance obligations for data protection, included for high-risk or high-value transfers

4. Force Majeure: Provisions for unforeseen circumstances, included when dealing with critical data transfers

5. Special Categories of Data: Additional provisions for sensitive personal data, included when transferring special categories of data

6. Costs and Compensation: Allocation of costs and compensation arrangements, included when there are significant costs involved

7. Local Representative: Appointment of local representatives, included when required by applicable laws

Suggested Schedules

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

2. Schedule 2 - Technical and Security Measures: Detailed specification of security measures, encryption standards, and technical requirements

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

4. Schedule 4 - Data Processing Activities: Detailed description of all processing activities to be carried out

5. Appendix A - Contact Points: List of key contacts for operational, technical, and legal matters

6. Appendix B - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses recognized under Nigerian law

7. Appendix C - Transfer Impact Assessment: Assessment of risks and safeguards for the specific transfer arrangement

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

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Research and Development

Pharmaceutical

Insurance

Banking

Consulting

Business Process Outsourcing

Cloud Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

International Business

Procurement

Vendor Management

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Manager

Compliance Officer

Legal Counsel

IT Director

Chief Information Security Officer

Risk Manager

Operations Director

Chief Technology Officer

Information Security Manager

Privacy Analyst

Compliance Manager

Contract Manager

International Business Development Manager

Industries
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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