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Personal Data Transfer Agreement

Personal Data Transfer Agreement Template for Nigeria

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer health records from our Nigerian healthcare facility to a cloud service provider in Ireland, with specific provisions for handling sensitive medical data and ensuring NDPR compliance."

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Document background
The Personal Data Transfer Agreement is essential for organizations transferring personal data within or from Nigeria, ensuring compliance with the Nigeria Data Protection Regulation (NDPR) 2019. This document is required when personal data is being transferred between different entities, whether within Nigeria or across borders. It sets out the obligations of both the sending and receiving parties, including security measures, data subject rights, and breach notification requirements. The agreement is particularly important given Nigeria's increasing focus on data protection compliance and the potential penalties for non-compliance with the NDPR. It should be used whenever there is a systematic transfer of personal data between separate entities, especially when dealing with sensitive personal information or large-scale data processing operations.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, aligned with NDPR definitions and international data protection terminology

4. Scope and Purpose of Transfer: Detailed description of the data transfer activities, purposes, and categories of data subjects

5. Data Protection Principles: Commitment to comply with Nigerian data protection principles as per NDPR

6. Obligations of Data Exporter: Responsibilities of the sending party including data accuracy, security measures, and compliance with NDPR

7. Obligations of Data Importer: Responsibilities of the receiving party including processing limitations, security measures, and confidentiality

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

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

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

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

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

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

Optional Sections

1. Sub-Processing: Include when the data importer may engage sub-processors

2. Special Categories of Data: Include when sensitive personal data is being transferred

3. International Transfer Mechanisms: Include when data will be transferred outside Nigeria

4. Audit Rights: Include when regular audits of data processing activities are required

5. Data Protection Impact Assessment: Include when processing poses high risks to data subjects

6. Insurance Requirements: Include when specific insurance coverage for data protection is needed

7. Compensation and Liability: Include detailed liability provisions when significant risks are involved

Suggested Schedules

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

2. Schedule 2 - Processing Activities: Specific details of processing operations to be performed

3. Schedule 3 - Technical and Security Measures: Detailed description of security measures implemented by both parties

4. Schedule 4 - Authorized Sub-Processors: List of approved sub-processors if applicable

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

6. Appendix A - Data Subject Request Procedures: Detailed procedures for handling data subject rights requests

7. Appendix B - Data Breach Response Plan: Step-by-step protocol for handling data breaches

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









































Clauses
























Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

E-commerce

Education

Insurance

Professional Services

Manufacturing

Retail

Energy

Transportation and Logistics

Government and Public Sector

Hospitality

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Information Governance

Procurement

Technology

Corporate Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Information Security Officer

Privacy Manager

Contracts Manager

Chief Technology Officer

Operations Director

Chief Legal Officer

Data Protection Specialist

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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