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The Data Transfer Agreement serves as a crucial legal instrument for organizations operating in Malaysia who need to transfer data between entities, whether domestically or internationally. This document becomes necessary when any systematic transfer of personal or sensitive data is required between separate organizations or entities. The agreement ensures compliance with the Malaysian Personal Data Protection Act 2010 and related regulations, while establishing clear protocols for data handling, security measures, and breach responses. It's particularly important in contexts where regular data sharing is required for business operations, outsourcing arrangements, or group company transfers. The document addresses key requirements under Malaysian law including data protection principles, cross-border transfer restrictions, and security standards, while also incorporating international best practices for data protection.

1. Parties: Identification of the data exporter and data importer, including their registered addresses and company details

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

3. Definitions: Key terms used in the agreement, including types of data, processing activities, and technical terminology

4. Scope and Purpose of Transfer: Detailed description of what data will be transferred and for what specific purposes

5. Obligations of Data Exporter: Responsibilities of the party sending the data, including data accuracy, compliance with PDPA, and notification requirements

6. Obligations of Data Importer: Responsibilities of the receiving party, including data protection measures, use limitations, and compliance requirements

7. Technical and Security Measures: Specific security protocols and measures for protecting data during transfer and storage

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

9. Confidentiality: Obligations regarding data confidentiality and permitted disclosures

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

11. Breach Notification: Procedures for reporting and handling data breaches

12. Audit Rights: Rights of parties to conduct audits and inspections

13. Term and Termination: Duration of agreement and circumstances for termination

14. Return or Destruction of Data: Procedures for handling data upon termination

15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes