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Data Transfer Addendum
"I need a Data Transfer Addendum for my healthcare software company to transfer patient records to an AWS cloud storage facility in Singapore, ensuring compliance with New Zealand's Privacy Act 2020 and including specific provisions for handling sensitive medical data."
1. Parties: Identification of the data exporter and data importer, including their registered addresses and authorized representatives
2. Background: Context of the data transfer relationship and reference to the main agreement this addendum supplements
3. Definitions: Key terms used throughout the addendum, aligned with Privacy Act 2020 terminology
4. Scope and Purpose: Details of the data transfer activities, including purposes for which data may be processed
5. Data Protection Obligations: Core obligations regarding data protection, including security measures and processing limitations
6. Cross-border Transfer Mechanisms: Specific mechanisms and safeguards for ensuring compliant cross-border data transfers
7. Security Requirements: Mandatory security measures and controls to be implemented by both parties
8. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
9. Audit Rights: Rights and procedures for conducting audits of data protection compliance
10. Term and Termination: Duration of the addendum and circumstances for termination
11. Return or Destruction of Data: Obligations regarding data handling upon termination
12. Governing Law and Jurisdiction: Confirmation of New Zealand law as governing law and jurisdiction for disputes
1. Special Categories of Data: Additional provisions for handling sensitive personal information, required when sensitive data is involved
2. Sub-processor Arrangements: Provisions governing the appointment and oversight of sub-processors, needed when sub-processors will be involved
3. Data Protection Impact Assessment: Requirements for conducting impact assessments, recommended for high-risk processing activities
4. Cross-Border Privacy Rules Compliance: Specific provisions for APEC CBPR compliance, relevant when transfers involve APEC member countries
5. Government Access Requests: Procedures for handling government access requests, important for transfers to countries with intrusive government surveillance
6. Insurance Requirements: Specific insurance obligations for data protection, recommended for high-value or high-risk transfers
1. Schedule 1: Description of Transfer: Detailed description of the data transfer including data categories, subjects, and processing purposes
2. Schedule 2: Technical and Organizational Security Measures: Specific security measures and controls to be implemented
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for the specific transfer context
5. Schedule 5: Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses for international transfers
6. Appendix A: Contact Details: Contact information for privacy officers and key personnel responsible for data protection
Authors
Agency
Applicable Data Protection Laws
Authorised Person
Authorised Sub-processor
Business Day
Confidential Information
Data Breach
Data Exporter
Data Importer
Data Protection Impact Assessment
Data Subject
Exported Data
Information Privacy Principles
International Data Transfer
Main Agreement
Notifiable Privacy Breach
Overseas Recipient
Personal Information
Privacy Act
Privacy Commissioner
Processing
Processor
Protected Data
Recipient
Representatives
Security Measures
Sensitive Information
Services
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Impact Assessment
Definitions
Scope
Data Protection
Cross-border Transfer
Security
Confidentiality
Audit Rights
Breach Notification
Sub-processing
Liability
Indemnification
Compliance
Term and Termination
Data Return/Destruction
Assignment
Notice
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Technology
Healthcare
Financial Services
Professional Services
Education
Retail
Telecommunications
Manufacturing
Insurance
Research and Development
Government and Public Sector
Cloud Services
Consulting
Legal
Compliance
Information Security
IT Operations
Risk Management
Data Protection
Privacy
Information Management
Procurement
Operations
Data Governance
Enterprise Architecture
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Manager
Compliance Officer
Legal Counsel
IT Director
Risk Manager
Information Security Manager
Privacy Analyst
Data Governance Manager
Chief Technology Officer
Operations Manager
Contract Manager
Information Management Officer
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