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International Data Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement under German law for transferring customer health data from our medical research facility in Berlin to our research partners in Singapore, planned to commence in March 2025, with specific provisions for handling sensitive medical data and research results."

Document background
The International Data Transfer Agreement is essential for organizations operating under German jurisdiction that need to transfer personal data outside the European Economic Area. This document becomes necessary when standard contractual clauses alone are insufficient or when specific German law requirements must be addressed. It incorporates provisions from the GDPR, German Federal Data Protection Act (BDSG), and relevant European Court of Justice decisions, particularly considering the Schrems II judgment. The agreement includes detailed technical and organizational measures, data protection impact assessments, and specific safeguards required for international data transfers. It is particularly relevant following increased scrutiny of international data flows and the need for enhanced protection mechanisms when transferring data to third countries.
Suggested Sections

1. Parties: Identification of data exporter and data importer, including their roles and contact details

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

3. Definitions: Key terms used in the agreement, aligned with GDPR definitions and any additional specific terms

4. Subject Matter and Details of Transfer: Description of the categories of data, data subjects, and purpose of transfer

5. Obligations of Data Importer: Specific responsibilities of the receiving party including security measures and data handling requirements

6. Obligations of Data Exporter: Responsibilities of the sending party including ensuring legal basis for transfer

7. Technical and Organizational Measures: Required security measures for data protection during transfer and processing

8. Sub-processing: Rules and requirements for engaging sub-processors

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

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

11. Audit Rights: Rights and procedures for conducting audits of data processing activities

12. Duration and Termination: Term of the agreement and conditions for termination

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

14. Liability and Indemnification: Allocation of responsibilities and limitations of liability

Optional Sections

1. Data Transfer Impact Assessment: Required when transferring to countries without adequate protection levels, addressing Schrems II requirements

2. Specific Security Requirements: Additional security measures for sensitive data or specific industry requirements

3. BCR Integration: Required when one party operates under Binding Corporate Rules

4. Local Law Assessment: Analysis of recipient country's laws affecting data protection, required for high-risk transfers

5. Special Categories of Data: Additional provisions when transferring sensitive personal data under Article 9 GDPR

6. Return or Deletion of Data: Specific procedures for data handling upon termination, required for complex data sets

Suggested Schedules

1. Schedule 1: Details of Processing: Detailed description of data processing activities, categories of data, and purposes

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

3. Schedule 3: Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4: Transfer Impact Assessment: Detailed assessment of transfer risks and mitigation measures

5. Schedule 5: Standard Contractual Clauses: Implementation of EU SCCs where applicable

6. Appendix A: Contact Details: Detailed contact information for data protection officers and key personnel

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses

































Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Manufacturing

Professional Services

Telecommunications

Education

Research

Pharmaceuticals

Insurance

Retail

Logistics

Consulting

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT

Risk Management

Procurement

International Operations

Privacy

Corporate Governance

Information Technology

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

IT Security Manager

Chief Information Security Officer

Privacy Manager

Chief Legal Officer

Chief Technology Officer

Information Security Director

Data Protection Manager

International Business Manager

Procurement Manager

Contract Manager

Risk Manager

Chief Privacy Officer

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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