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Data Transfer Agreement

Data Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

Data Transfer Agreement

"I need a Data Transfer Agreement between my Irish tech company and a US-based cloud service provider, starting from March 2025, with specific provisions for handling customer data and including Standard Contractual Clauses for international transfer."

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Document background
A Data Transfer Agreement is essential when organizations need to share personal data while ensuring compliance with data protection laws. This document is particularly crucial in the Irish context, where organizations must adhere to both the GDPR and the Irish Data Protection Act 2018. It should be used whenever personal data is transferred between separate entities, whether within Ireland, the EU, or internationally. The agreement covers critical aspects such as the legal basis for transfer, security measures, data subject rights, breach notification procedures, and specific safeguards for international transfers. It's especially important when dealing with transfers outside the EEA, where additional protections may be required. The document typically includes technical schedules detailing the nature of data processing and security measures, making it suitable for both legal compliance and operational implementation.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose: Details of the data transfer activities, including categories of data, purposes, and processing activities

5. Roles and Responsibilities: Clear designation of parties as controller/processor or joint controllers, and their respective obligations

6. Data Protection Principles: Commitment to comply with GDPR principles and Irish data protection laws

7. Transfer Mechanisms: Legal basis for transfers and compliance with Chapter V of GDPR

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

9. Confidentiality: Obligations regarding data confidentiality and staff training

10. Sub-processing: Rules and restrictions regarding the use of sub-processors

11. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

12. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

13. Audit Rights: Rights and procedures for conducting audits and inspections

14. Term and Termination: Duration of the agreement and termination provisions

15. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

16. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Joint Controller Arrangements: Required only when parties are acting as joint controllers, detailing shared responsibilities

2. International Transfer Safeguards: Required when transfers are to countries outside the EEA, including specific safeguards

3. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)

4. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals

5. Representatives in the EU: Required when one party is located outside the EU and needs an EU representative

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Force Majeure: Provisions for handling extraordinary circumstances affecting data transfer obligations

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of data processing activities, categories of data subjects, types of personal data

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

3. Schedule 3 - Standard Contractual Clauses: EU-approved SCCs when required for international transfers

4. Schedule 4 - Approved Sub-processors: List of approved sub-processors and their processing activities

5. Schedule 5 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

6. Appendix A - Contact Details: Contact information for data protection officers and key representatives

7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 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









































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Relevant Industries

Technology

Healthcare

Financial Services

Insurance

E-commerce

Retail

Professional Services

Education

Telecommunications

Manufacturing

Pharmaceutical

Government

Non-profit

Research

Marketing Services

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Procurement

Data Protection

Information Governance

Commercial

Technology

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Director

Commercial Manager

Procurement Manager

Contract Manager

Privacy Lawyer

Data Protection Specialist

Information Governance Manager

Industries








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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