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International Data Transfer Agreement

International Data Transfer Agreement Template for Pakistan

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement for my Pakistan-based healthcare software company to transfer patient data to our cloud service provider in Germany, ensuring compliance with both Pakistani law and EU GDPR standards, with an expected implementation date of March 2025."

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Document background
The International Data Transfer Agreement is essential for organizations transferring data from Pakistan to foreign jurisdictions, particularly in light of evolving data protection regulations in Pakistan. This document becomes necessary when a Pakistani entity needs to transfer personal or sensitive data to foreign entities, whether for processing, storage, or other business purposes. The agreement ensures compliance with Pakistani data protection laws, including PECA 2016 and the draft Personal Data Protection Bill, while incorporating international best practices. It covers crucial aspects such as data security measures, processing limitations, data subject rights, breach notification procedures, and audit requirements. The document is particularly important given Pakistan's increasing focus on data protection and privacy rights, and the need to align with global data protection standards while maintaining data sovereignty.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms and Pakistani law-specific terminology

4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred and the specific purposes for which the data will be processed

5. Data Protection Obligations: Core obligations of both parties regarding data protection, including compliance with Pakistani laws and international standards

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

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

8. Breach Notification: Requirements and procedures for reporting and handling data breaches

9. Audit Rights: Rights and procedures for conducting audits to ensure compliance

10. Duration and Termination: Terms regarding the agreement's duration, renewal, and termination conditions

11. Return or Destruction of Data: Procedures for handling data upon termination of the agreement

12. Governing Law and Jurisdiction: Specification of Pakistani 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: Include when the data importer may need to engage sub-processors for data processing

2. Special Categories of Data: Include when sensitive personal data or special categories of data are being transferred

3. Data Localization Requirements: Include when specific data must be stored within Pakistan or specific jurisdictions

4. Industry-Specific Compliance: Include when transfers involve regulated industries (e.g., financial services, healthcare)

5. Joint Controller Provisions: Include when both parties act as joint controllers of the data

6. Insurance Requirements: Include when specific insurance coverage is required for data protection

7. Business Continuity: Include when continuous availability of data is critical for operations

Suggested Schedules

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

2. Schedule 2 - Security Measures: Detailed technical and organizational security measures to be implemented

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

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

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

6. Appendix B - Data Processing Activities: Detailed description of all processing activities covered by the agreement

7. Appendix C - Standard Contractual Clauses: Any standard contractual clauses required for international 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
Authorized Personnel
Confidential Information
Controller
Data
Data Breach
Data Exporter
Data Importer
Data Processing Agreement
Data Protection Authority
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
Electronic Information
Personal Data
Processing
Processor
Professional Services
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Special Categories of Data
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Territory
Third Country
Third Party
Transfer Impact Assessment
Transferred Data
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Business Process Outsourcing

Manufacturing

Professional Services

Education

Research and Development

Pharmaceutical

Insurance

Retail

Logistics and Supply Chain

Relevant Teams

Legal

Information Security

Compliance

Information Technology

Risk Management

Operations

Data Protection

Privacy

International Business

Vendor Management

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Chief Technology Officer

Information Security Manager

Risk Manager

Operations Director

Contract Manager

Chief Legal Officer

Chief Compliance Officer

Data Protection Manager

Privacy Manager

International Business Manager

Industries
Prevention of Electronic Crimes Act (PECA) 2016: Pakistan's primary cybercrime legislation that includes provisions for data protection and unauthorized access to data
Personal Data Protection Bill 2023: Draft legislation specifically focused on personal data protection, including provisions for cross-border data transfers
Constitution of Pakistan - Article 14(1): Guarantees dignity of man and privacy of home as fundamental rights, forming the constitutional basis for data protection
State Bank of Pakistan (SBP) Regulations: Guidelines for banks and financial institutions regarding international data transfers and data protection requirements
Electronic Transactions Ordinance 2002: Provides legal framework for electronic transactions and recognition of electronic documents
Pakistan Telecommunications (Re-organization) Act, 1996: Relevant for data transfers involving telecommunications networks and services
Cloud First Policy 2022: Government policy framework for cloud computing services and related data management
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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