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Data Transfer Agreement
"I need a Data Transfer Agreement for transferring medical records between our hospital in California and a research institution in Texas, ensuring HIPAA compliance and including specific provisions for anonymized patient data, with the transfer to begin from March 2025."
1. Parties: Identification and details of data exporter and data importer
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including Personal Data, Processing, Data Subject, etc.
4. Purpose and Scope: Defines the purpose of data transfer and types of data covered under the agreement
5. Data Protection Obligations: Core obligations regarding data security, protection measures, and compliance requirements
6. Security Requirements: Specific security measures and standards to be maintained for data protection
7. Data Breach Notification: Procedures and timelines for reporting data breaches
8. Term and Termination: Duration of the agreement and conditions for termination
9. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. International Transfer Mechanisms: Specific provisions for international data transfers, including Standard Contractual Clauses or other transfer mechanisms
2. Sub-processor Provisions: Rules and requirements for engaging sub-processors or third parties
3. Industry-Specific Compliance: Additional requirements for specific sectors such as healthcare (HIPAA) or financial services
4. Audit Rights: Rights and procedures for conducting audits of data processing activities
1. Schedule 1 - Description of Transfer: Detailed description of data types, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Security Measures: Detailed specification of security measures to be implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles (if applicable)
4. Schedule 4 - Standard Contractual Clauses: Standard Contractual Clauses for international transfers (if applicable)
Authors
Applicable Data Protection Laws
Business Purpose
Confidential Information
Data Controller
Data Processor
Data Protection Laws
Data Subject
Data Transfer
Effective Date
Personal Data
Processing
Security Breach
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer
Security Requirements
Confidentiality
Transfer Restrictions
Sub-processing
Audit Rights
Breach Notification
Data Subject Rights
Liability and Indemnification
Term and Termination
Cross-border Transfer Mechanisms
Compliance with Laws
Data Retention and Deletion
Force Majeure
Assignment
Governing Law
Dispute Resolution
Warranties and Representations
Insurance Requirements
Notices
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