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Personal Data Transfer Agreement

Personal Data Transfer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer healthcare records from our Malaysian hospital to a cloud service provider in Singapore, with enhanced security measures for sensitive medical data and compliance with both Malaysian PDPA and healthcare regulations."

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Document background
The Personal Data Transfer Agreement is essential for organizations operating in Malaysia that need to transfer personal data between entities while maintaining compliance with the Personal Data Protection Act 2010 (PDPA) and related regulations. This document is typically used when one party (the transferor) needs to share personal data with another party (the transferee) for specific business purposes, whether within Malaysia or across borders. The agreement covers crucial aspects such as data protection measures, security requirements, breach notifications, and data subject rights. It's particularly important in the context of Malaysian data protection law, which imposes strict requirements on the handling and transfer of personal data. The document should be customized based on the nature of data being transferred, the specific relationship between parties, and any sector-specific requirements that may apply.
Suggested Sections

1. Parties: Identification of the data transferor and data transferee, including their full legal names, registration numbers, and registered addresses

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

3. Definitions: Definitions of key terms used in the agreement, including 'Personal Data', 'Processing', 'Transfer', 'Data Subject' as per PDPA 2010

4. Scope of Transfer: Details of the personal data to be transferred, including categories of data subjects and types of personal data

5. Obligations of the Data Transferor: Responsibilities of the transferring party, including data accuracy, obtaining necessary consents, and compliance with PDPA principles

6. Obligations of the Data Transferee: Responsibilities of the receiving party, including data protection measures, processing limitations, and compliance with Malaysian data protection laws

7. Security Measures: Specific technical and organizational measures required to protect the personal data during and after transfer

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

9. Breach Notification: Procedures for reporting and handling personal data breaches

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Return or Destruction of Data: Procedures for handling personal data upon termination of the agreement

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

Optional Sections

1. Sub-processing: Include when the data transferee may need to engage sub-processors for data processing activities

2. Cross-border Transfers: Include when personal data may be transferred outside Malaysia, addressing specific requirements under PDPA

3. Audit Rights: Include when regular audits of data protection compliance are required

4. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required

5. Special Categories of Personal Data: Include when sensitive personal data as defined in PDPA is involved in the transfer

6. Data Protection Impact Assessment: Include when transfer involves high-risk processing activities

7. Business Continuity: Include when specific business continuity measures are required for data protection

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories and data fields being transferred

2. Schedule 2 - Technical Security Measures: Specific technical requirements and standards for securing data during transfer and processing

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors if applicable

4. Schedule 4 - Transfer Mechanisms: Technical details of how data transfers will be executed

5. Appendix A - Data Processing Activities: Detailed description of all processing activities to be performed on the transferred data

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

7. Appendix C - Compliance Checklist: Checklist of PDPA compliance requirements and how they are met

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
Relevant legal definitions









































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Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Professional Services

Insurance

Manufacturing

Retail

Hospitality

Human Resources Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Privacy

Operations

Information Governance

Procurement

Corporate Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Chief Information Security Officer

Privacy Manager

Operations Manager

Chief Technology Officer

Contract Manager

Chief Legal Officer

Data Protection Manager

Information Governance 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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