International Data Protection Agreement Template for United States

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Key Requirements PROMPT example:

International Data Protection Agreement

"I need an International Data Protection Agreement to cover the transfer of customer data from our US headquarters to our new development center in India, which will handle software development and customer support starting March 2025."

Document background

The International Data Protection Agreement serves as a critical legal framework for organizations engaging in cross-border data transfers. With the increasing globalization of business operations and the complex web of international privacy laws, this agreement provides necessary safeguards and compliance mechanisms for personal data protection. It addresses requirements from multiple jurisdictions, including US federal and state laws, GDPR, and other international privacy regulations. The agreement is essential for organizations that transfer personal data internationally, whether as part of their core business operations, cloud services, or global business processes.

Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement including Personal Data, Processing, Data Subject, etc.

4. Scope and Purpose: Details of what data will be transferred and for what purposes

5. Data Protection Obligations: Core obligations regarding data processing, security measures, and compliance

6. Transfer Mechanisms: Legal basis for international transfers (e.g., SCCs, adequacy decisions)

7. Security Measures: Technical and organizational measures for data protection

8. Breach Notification: Procedures for handling and reporting data breaches

9. Term and Termination: Duration of the agreement and conditions for termination

10. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

Optional Sections

1. Sub-processor Provisions: Rules for engaging sub-processors, required when the data importer may need to engage other parties to process the data

2. Industry-Specific Compliance: Additional requirements for specific sectors such as healthcare (HIPAA) or financial services (GLBA)

3. Data Protection Impact Assessment: Provisions for conducting DPIAs when processing poses high risks to individuals

4. Data Subject Rights: Specific procedures for handling data subject requests and rights under various privacy laws

5. Cross-Border Transfer Restrictions: Special provisions for transfers to specific jurisdictions with unique requirements

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed information about the data transfers including categories of data and purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by the parties

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors if applicable

4. Schedule 4 - Standard Contractual Clauses: Complete approved SCCs for international data transfers

5. Schedule 5 - Contact Points: List of key contacts for data protection matters at each organization

6. Schedule 6 - Compliance Requirements: Specific compliance requirements under various applicable privacy laws and regulations

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
E-commerce
Manufacturing

Relevant Teams

Legal
Information Security
Privacy
Compliance
IT
Risk Management

Relevant Roles

Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Compliance Manager

Industries

FTC Act: Federal Trade Commission Act - Primary federal law governing data privacy and security practices in the US

GLBA: Gramm-Leach-Bliley Act - Federal law regulating the collection, use, and disclosure of financial information

HIPAA: Health Insurance Portability and Accountability Act - Federal law protecting sensitive patient health information

COPPA: Children's Online Privacy Protection Act - Federal law imposing requirements on operators of websites or online services directed to children under 13

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - Comprehensive state privacy laws providing California residents with various data privacy rights

VCDPA: Virginia Consumer Data Protection Act - Comprehensive privacy law providing Virginia residents with data protection rights

CPA: Colorado Privacy Act - State law providing Colorado residents with various privacy rights and imposing obligations on businesses

GDPR: General Data Protection Regulation - EU's comprehensive data protection law that may apply to US companies handling EU resident data

UK GDPR: United Kingdom General Data Protection Regulation - UK's version of GDPR post-Brexit

LGPD: Lei Geral de Proteรงรฃo de Dados - Brazil's comprehensive data protection law

PIPL: Personal Information Protection Law - China's comprehensive data protection law

PIPEDA: Personal Information Protection and Electronic Documents Act - Canada's federal privacy law for private-sector organizations

SCCs: Standard Contractual Clauses - Legal mechanism for compliant transfer of personal data from the EU to third countries

BCRs: Binding Corporate Rules - Internal rules for data transfers within multinational companies

EU-U.S. Data Privacy Framework: Framework providing a mechanism for compliant transfers of personal data from the EU to participating U.S. organizations

Swiss-U.S. Privacy Shield: Framework providing a mechanism for compliant transfers of personal data from Switzerland to participating U.S. organizations

PCI DSS: Payment Card Industry Data Security Standard - Security standards for organizations handling credit card information

ISO 27701: International standard providing guidance for processing personal information within an Information Security Management System

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A U.S.-compliant legal agreement governing the relationship between a data processor and subprocessor for personal data processing activities.

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Authors

Alex Denne

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