The Data Transfer Agreement is essential for organizations that need to transfer personal data to other entities while maintaining compliance with Danish and EU data protection laws. This document is particularly crucial when sharing personal data with service providers, group companies, or third parties, whether within Denmark, the EU, or internationally. The agreement must comply with the Danish Data Protection Act and GDPR, incorporating mandatory provisions for data protection, security measures, and data subject rights. It becomes especially important when transferring data outside the European Economic Area, where additional safeguards may be required. The document should be used whenever there is a systematic or regular transfer of personal data between organizations, ensuring all parties understand their obligations and responsibilities under Danish law.
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Key Requirements PROMPT example:
Data Transfer Agreement
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You keep IP ownership of your information
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1. Parties: Identification of the data exporter and data importer, including their registered details and representatives
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Details of what personal data will be transferred and for what purposes
5. Obligations of the Data Exporter: Responsibilities and warranties of the party sending the data
6. Obligations of the Data Importer: Responsibilities and warranties of the party receiving the data, including security measures
7. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
8. Security Measures: Required technical and organizational security measures for data protection
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Breaches: Procedures for handling and reporting personal data breaches
11. Audit Rights: Rights of the data exporter to audit compliance and related procedures
12. Duration and Termination: Term of the agreement and termination provisions
13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
14. Signatures: Execution blocks for authorized representatives of both parties
1. International Transfer Mechanisms: Required when transferring data outside the EEA, incorporating Standard Contractual Clauses or other transfer mechanisms
2. Special Categories of Data: Additional provisions required when transferring sensitive personal data
3. Data Protection Impact Assessment: Reference to and requirements from any DPIA conducted for high-risk processing
4. Compensation and Liability: Specific provisions on liability allocation and indemnification
5. Insurance Requirements: Specific insurance obligations for data protection
6. Service Levels: If specific performance metrics apply to the data transfer activities
7. Business Continuity: Additional provisions for ensuring continuous data availability and disaster recovery
1. Schedule 1 - Details of Processing: Detailed description of data subjects, categories of data, processing activities, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the data importer
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Schedule 5 - Standard Contractual Clauses: If applicable, the full SCCs for international transfers
6. Schedule 6 - Contact Points: List of key contacts for operational, security, and breach notification purposes
7. Schedule 7 - Data Return/Deletion Procedures: Detailed procedures for returning or deleting data upon termination
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