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International Data Protection Agreement Template for England and Wales

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Key Requirements PROMPT example:

International Data Protection Agreement

"I need an International Data Protection Agreement to cover the transfer of customer data between our UK-based healthcare company and our new cloud service provider in Singapore, ensuring compliance with UK GDPR and including appropriate Standard Contractual Clauses."

Document background
The International Data Protection Agreement is essential when organizations engage in cross-border data processing activities. It provides a robust legal framework ensuring compliance with UK data protection laws while facilitating international data flows. This agreement is particularly crucial following Brexit, as it addresses both UK and EU data protection requirements where applicable. It sets out detailed provisions for data security, processing limitations, and breach management, incorporating necessary safeguards such as Standard Contractual Clauses for international transfers. The agreement helps organizations demonstrate their commitment to data protection compliance and establishes clear accountability between parties.
Suggested Sections

1. Parties: Identification of data controller(s) and processor(s)

2. Background: Context of data processing relationship and purpose

3. Definitions: Key terms including definitions from UK GDPR, Data Protection Act 2018, and other relevant legislation

4. Scope and Purpose: Details of data processing activities covered and purpose limitations

5. Data Protection Obligations: Core compliance requirements and responsibilities under UK GDPR and DPA 2018

6. Security Measures: Technical and organizational measures required for data protection

7. Sub-processing: Rules and restrictions for engaging sub-processors

8. Data Subject Rights: Procedures for handling data subject requests and rights exercise

9. Data Breaches: Breach notification and response procedures including timing requirements

Optional Sections

1. Cross-Border Transfers: Required when data transfers outside UK/EEA, including SCCs and transfer impact assessments

2. Special Categories of Data: Additional safeguards and requirements for processing sensitive personal data

3. Data Protection Impact Assessments: Requirements and cooperation procedures for DPIAs in high-risk processing

Suggested Schedules

1. Schedule 1 - Description of Processing: Detailed description of processing activities, categories of data and data subjects

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

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

4. Schedule 4 - Standard Contractual Clauses: SCCs for international transfers where required

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

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

























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Relevant Industries
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UK GDPR: The UK General Data Protection Regulation as incorporated into UK law post-Brexit, providing the fundamental framework for data protection in the UK

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside UK GDPR to provide a comprehensive data protection regime

PECR 2003: Privacy and Electronic Communications Regulations governing electronic communications, including cookies and direct marketing

EU GDPR: European Union General Data Protection Regulation, relevant for data transfers between UK and EU, and compliance requirements when dealing with EU data subjects

European Convention on Human Rights: Article 8 specifically provides the right to respect for private and family life, home and correspondence

UK Standard Contractual Clauses: Standard contractual terms approved by the UK government for international data transfers from the UK to third countries

EU Standard Contractual Clauses: EU-approved contractual terms for data transfers to third countries, relevant when EU data is involved

Adequacy Decisions: Official determinations by UK/EU authorities that certain countries provide adequate levels of data protection

Binding Corporate Rules: Internal rules for data transfers within multinational companies, approved by relevant supervisory authorities

ICO Guidance: Official guidelines and recommendations from the Information Commissioner's Office, the UK's data protection authority

EDPB Guidelines: European Data Protection Board guidelines providing interpretations and best practices for data protection compliance

Industry Regulations: Sector-specific data protection requirements that may apply depending on the industry context

International Standards: Technical standards such as ISO 27701 for privacy information management systems

Law Enforcement Provisions: Legal requirements regarding data access and processing for law enforcement and national security purposes

Special Categories Requirements: Additional protections and requirements for processing sensitive personal data such as health, biometric, or religious information

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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