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Data Transfer Agreement

Data Transfer Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Data Transfer Agreement

I need a Data Transfer Agreement for transferring customer health records between our UAE-based hospital and a cloud service provider in Europe, ensuring compliance with both UAE healthcare regulations and GDPR, to be implemented by March 2025.

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Document background
The Data Transfer Agreement is essential for organizations operating in or transferring data through the UAE, where data protection is governed by Federal Decree-Law No. 45 of 2021 and other relevant regulations. This document is required when entities need to transfer personal or sensitive data between organizations, whether domestically or internationally. It addresses critical aspects such as data security measures, processing limitations, confidentiality obligations, and compliance with UAE data protection laws. The agreement is particularly important given the UAE's strict data protection regime and its position as a global business hub, requiring careful consideration of both federal laws and free zone regulations (DIFC/ADGM). This document becomes necessary when organizations engage in systematic data sharing, outsourcing arrangements, cloud services, or group company transfers.
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 data transfer relationship and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terminology

4. Purpose and Scope: Detailed description of the purpose of data transfer, types of data involved, and scope of permitted processing activities

5. Data Protection Obligations: Core obligations regarding data protection, including compliance with UAE Federal Decree-Law No. 45 of 2021 and other applicable laws

6. Security Measures: Technical and organizational security measures required for data protection during transfer and processing

7. Confidentiality: Obligations regarding data confidentiality and permitted disclosures

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

9. Breach Notification: Procedures and timeframes for notification in case of data breaches

10. Audit Rights: Rights and procedures for conducting audits to ensure compliance

11. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

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

13. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

14. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Cross-Border Transfer Mechanisms: Required when data transfers occur outside the UAE, specifying additional safeguards and compliance requirements

2. Sector-Specific Compliance: Added for regulated sectors like healthcare or financial services, incorporating specific regulatory requirements

3. Sub-processor Provisions: Required when the data importer may engage sub-processors, detailing conditions and approval processes

4. Data Protection Impact Assessment: Included when processing involves high-risk activities requiring DPIA under UAE law

5. Free Zone Specific Provisions: Required when either party is located in DIFC or ADGM, incorporating relevant free zone regulations

6. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks

7. Business Continuity: Optional provisions for ensuring continuous data protection during disruptions

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of data transfers including categories of data subjects, types of personal data, processing operations

2. Schedule 2 - Technical Security Measures: Specific technical and organizational security measures to be implemented

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their roles, if applicable

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

5. Schedule 5 - Data Processing Details: Specific details about processing activities, frequency of transfers, and retention periods

6. Appendix A - Contact Points: List of key contacts for operational matters, breach notification, and data subject requests

7. Appendix B - Standard Contractual Clauses: If required for international transfers, incorporation of standard contractual clauses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Hospitality

Manufacturing

Logistics

Insurance

Digital Media

Retail

Government Services

Relevant Teams

Legal

Information Security

Compliance

Information Technology

Risk Management

Data Protection

Operations

Privacy

Procurement

Information Governance

Security Operations

Contract Management

Enterprise Architecture

Technical Operations

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Information Security Manager

Risk Manager

Operations Director

Chief Technology Officer

Privacy Counsel

Contract Manager

Information Governance Manager

Chief Legal Officer

Data Manager

IT Security Specialist

Procurement Manager

Business Development 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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