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Personal Data Transfer Agreement

Personal Data Transfer Agreement Template for Netherlands

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement under Dutch law for transferring customer health data between our main office in Amsterdam and our cloud service provider in Germany, with implementation starting March 2025 and including specific provisions for special categories of personal data."

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Document background
The Personal Data Transfer Agreement is essential for organizations transferring personal data under Dutch jurisdiction, whether domestically or internationally. This document becomes necessary when personal data needs to be shared between different entities, such as between a company and its service providers, or between group companies. It ensures compliance with the GDPR, Dutch GDPR Implementation Act (UAVG), and other relevant Dutch privacy laws. The agreement includes detailed provisions on data processing activities, security measures, breach notifications, and data subject rights. It's particularly crucial for international transfers where additional safeguards may be required under Chapter V of the GDPR. The document should be customized based on the specific nature of data transfer, processing purposes, and the roles of the parties involved (controller-processor or controller-controller relationships).
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their roles (controller/processor)

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

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

4. Subject Matter and Duration: Scope of data transfer, types of processing, and duration of the agreement

5. Nature and Purpose of Processing: Detailed description of processing activities and legitimate purposes

6. Types of Personal Data and Categories of Data Subjects: Specification of personal data types being transferred and affected individuals

7. Obligations of the Data Importer: Core responsibilities including security measures, confidentiality, and processing limitations

8. Technical and Organizational Measures: Required security and organizational measures for data protection

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

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

11. Personal Data Breaches: Notification requirements and procedures for handling data breaches

12. Audit Rights: Data exporter's rights to audit and verify compliance

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

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Term and Termination: Duration of agreement and termination provisions

16. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction

Optional Sections

1. Special Categories of Personal Data: Additional safeguards for sensitive data - include when transferring special categories under Article 9 GDPR

2. International Transfer Mechanisms: Specific provisions for transfers outside EEA - include when transferring to non-adequate countries

3. Data Protection Impact Assessment: Reference to and incorporation of DPIA findings - include when high-risk processing is involved

4. Joint Controller Provisions: Specific arrangements for joint controllers - include when parties are joint controllers rather than controller-processor

5. Industry-Specific Requirements: Additional provisions for specific sectors like healthcare or finance - include based on industry context

6. Insurance Requirements: Specific insurance obligations - include when handling high-risk or large-scale transfers

7. Force Majeure: Provisions for extraordinary circumstances - include based on risk assessment

Suggested Schedules

1. Schedule 1 - Details of Transfer: Detailed description of transfer operations, including data types, subjects, and purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the data importer

3. Schedule 3 - Authorized Sub-processors: List of 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: EU SCCs if applicable for international transfers

6. Schedule 6 - Contact Points and Procedures: Operational contacts and procedures for routine communications and emergencies

7. Schedule 7 - Data 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

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Human Resources

Marketing and Advertising

Research and Development

Transportation and Logistics

Retail

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Data Governance

Operations

Commercial

Procurement

Information Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

IT Director

Chief Technology Officer

Risk Manager

Operations Manager

Privacy Analyst

Data Governance Manager

Commercial Contract Manager

Chief Legal Officer

Chief Information Security Officer

Data Protection Manager

Privacy Consultant

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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