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Personal Data Transfer Agreement Template for England and Wales

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer health data from our UK medical research company to our US-based data analysis partner, with strict security measures and HIPAA compliance requirements, planned to commence from March 2025."

Document background
The Personal Data Transfer Agreement is essential when organizations need to transfer personal data in compliance with UK data protection laws. This document becomes necessary when data sharing occurs between separate entities, whether domestically or internationally, and must align with the UK GDPR and Data Protection Act 2018. The agreement specifies data handling responsibilities, security measures, and compliance obligations, particularly crucial following Brexit and the UK's independent data protection regime. It should be implemented before any personal data transfer begins and includes specific provisions for international transfers where required.
Suggested Sections

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

2. Background: Context of the transfer relationship, nature of the parties' business activities and purpose of the data transfer arrangement

3. Definitions: Key terms used throughout the agreement including 'Personal Data', 'Processing', 'Data Subject', 'Controller', 'Processor', etc.

4. Purpose and Scope: Details of data transfer purpose, covered activities, and territorial scope of the agreement

5. Data Protection Obligations: Core obligations regarding data handling, protection, and compliance with UK GDPR and Data Protection Act 2018

6. Security Measures: Required technical and organizational measures for protecting transferred data

7. Data Subject Rights: Provisions for handling data subject requests and ensuring data subject rights are protected

8. Breach Notification: Procedures for handling and reporting data breaches, including timelines and responsibilities

Optional Sections

1. Sub-processing: Rules and procedures for engaging sub-processors, including approval requirements and liability

2. Audit Rights: Provisions for conducting audits and inspections of data processing facilities and documentation

3. Data Retention: Specific retention requirements and procedures for data deletion or return

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed information about data types, categories of data subjects, processing purposes and activities

2. Schedule 2 - Technical Security Measures: Specific security requirements, implementations and controls to be maintained

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors including their details and processing activities

4. Schedule 4 - Standard Contractual Clauses: UK or EU Standard Contractual Clauses as appropriate for the transfer

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
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation - the primary legislation governing data protection and privacy in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside and supplementing the UK GDPR, providing specific data protection requirements and derogations for the UK context

PECR: Privacy and Electronic Communications Regulations 2003 - Specific rules for electronic communications, including rules on cookies, electronic marketing, and privacy in electronic communications

EU GDPR: European Union General Data Protection Regulation - Must be considered when transfers involve EU entities or data subjects, particularly relevant for cross-border data transfers

Standard Contractual Clauses: UK ICO-approved standard contractual clauses that provide appropriate safeguards for international data transfers, particularly important post-Brexit

International Data Transfer Agreements: Formal agreements that provide appropriate safeguards for transferring personal data internationally, including specific requirements and obligations for data protection

ICO Guidelines: Regulatory guidance from the Information Commissioner's Office, providing practical interpretation and implementation advice for data protection requirements in the UK

EDPB Guidelines: European Data Protection Board guidelines that provide additional interpretation and best practices, particularly relevant for matters involving EU-UK data transfers

Schrems II Decision: Legal precedent requiring assessment of third country data protection adequacy and additional safeguards for international data transfers

Third Country Transfer Requirements: Specific requirements and safeguards needed when transferring personal data to countries outside the UK and EU

Data Adequacy Decisions: Official determinations of whether a country provides adequate data protection, affecting the requirements for data transfers to that jurisdiction

Appropriate Safeguards Requirements: Mandatory technical and organizational measures required to ensure adequate protection of personal data during international transfers

Data Subject Rights: Specific rights that must be preserved and protected when transferring personal data, including access, rectification, erasure, and data portability

Security Measures: Technical and organizational security requirements that must be implemented to protect personal data during transfers

Breach Notification Requirements: Obligations to notify relevant supervisory authorities and affected individuals in case of personal data breaches during transfers

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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