International Data Transfer Agreement Template for United States

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement to cover the transfer of customer data from our US headquarters to our new development center in India, which will start processing data from March 2025."

Document background
The International Data Transfer Agreement has become essential in today's globalized business environment where cross-border data transfers are routine. This agreement is specifically designed to meet the requirements of US federal and state data protection laws while accommodating international standards such as GDPR. It is required when organizations transfer personal data across jurisdictions, particularly when sending data to or from the United States. The agreement details the obligations of both parties, security requirements, data subject rights, and compliance mechanisms, ensuring that personal data maintains appropriate protection standards throughout its journey across borders.
Suggested Sections

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

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', 'Transfer'

4. Subject Matter and Duration: Details of the data transfer activities and duration of the agreement

5. Data Protection Safeguards: Security measures and controls implemented to protect transferred data

6. Data Subject Rights: Provisions for handling data subject requests and rights

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

Optional Sections

1. Sub-processing: Terms for engaging sub-processors when data importer may need to engage additional processors

2. Industry-Specific Compliance: Additional requirements for specific sectors when dealing with healthcare, financial, or educational data

3. Data Localization Requirements: Specific requirements for data storage locations when transferring to countries with data localization laws

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of data transfers including categories of data subjects and data

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

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

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

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
Clauses
Industries

FTC Act: Federal Trade Commission Act - Primary US federal law governing data privacy and unfair or deceptive practices affecting commerce

ECPA: Electronic Communications Privacy Act - Federal law protecting wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored

CFAA: Computer Fraud and Abuse Act - Federal law that prohibits accessing a computer without authorization, or in excess of authorization

CCPA: California Consumer Privacy Act - Comprehensive state-level privacy law providing California residents with data privacy rights

VCDPA: Virginia Consumer Data Protection Act - State law providing privacy rights to Virginia residents and obligations for businesses processing their data

CPA: Colorado Privacy Act - State law establishing privacy rights for Colorado residents and requirements for businesses handling their personal data

GDPR: General Data Protection Regulation - EU's comprehensive data protection law that may apply when transferring data to/from the EU

UK GDPR: United Kingdom General Data Protection Regulation - UK's version of GDPR applicable for data transfers involving the UK

LGPD: Brazilian General Data Protection Law - Brazil's comprehensive data protection law relevant for transfers involving Brazilian data

SCCs: Standard Contractual Clauses - Pre-approved contractual terms for international data transfers, particularly important for EU data transfers

BCRs: Binding Corporate Rules - Internal rules for data transfers within multinational companies approved by privacy regulators

HIPAA: Health Insurance Portability and Accountability Act - Regulates the use and disclosure of healthcare data in the United States

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

FERPA: Family Educational Rights and Privacy Act - Protects the privacy of student education records

COPPA: Children's Online Privacy Protection Act - Regulates the collection and use of personal information from children under 13

Export Control Regulations: Federal regulations controlling the export of sensitive data, technology, and information to foreign countries

Sanctions Regulations: Federal regulations restricting or prohibiting data transfers with certain countries, entities, or individuals

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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