A data transfer agreement (DTA) is a legal document that outlines the terms and conditions for transferring personal data from one organization to another. In today`s world, where companies are continuously sharing personal data with their affiliates, partners, and subsidiaries, DTAs have become a crucial instrument for safeguarding privacy and ensuring data protection.
DTAs help businesses protect sensitive data and comply with various data protection regulations, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). These agreements lay out the necessary precautions to mitigate the risks of data breaches, identity theft, or unauthorized use of personal information.
An effective DTA should clearly outline the purpose of the data transfer, identify the data sets involved, and specify the modalities of transfer and storage. It should also include clauses on data retention, deletion, and destruction, as well as provisions for data access and rectification by data subjects.
Let`s take a look at an example of a DTA:
Data Transfer Agreement
This Data Transfer Agreement (the « Agreement ») is made and entered into between [Company A], a company registered in [Country A], and [Company B], a company registered in [Country B], effective as of [Date].
Company A and Company B have entered into a business relationship and have agreed to share personal data in connection with their respective business activities.
The following definitions apply to this Agreement:
a) « Data » refers to personal information or personal data as defined under applicable data protection laws and regulations.
b) « Data Controller » means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
c) « Data Processor » means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller.
d) « Data Subject » means an identified or identifiable natural person to whom the Data relates.
2. Purpose of Data Transfer
The purpose of this data transfer is [Insert purpose]. The Data Controller warrants that the transfer of Data to the Data Processor is necessary for the business activity identified above.
3. Personal Data
Personal Data to be transferred:
[List of personal data to be transferred]
4. Data Protection
a) The Data Controller is the Data Controller for the Data and shall be responsible for ensuring that the transfer of Data complies with applicable data protection laws and regulations.
b) The Data Processor shall be the Data Processor for the Data and shall process the Data on behalf of the Data Controller.
c) The Data Processor shall implement appropriate technical and organizational measures to ensure the security and confidentiality of the Data and to safeguard against unauthorized or unlawful processing, accidental loss, destruction, or damage to the Data.
d) The Data Processor shall not disclose the Data to any third parties without the prior written consent of the Data Controller or the Data Subject.
e) The Data Processor shall promptly notify the Data Controller in writing if it becomes aware of any unauthorized or unlawful processing of the Data.
5. Data Retention, Deletion, and Destruction
a) The Data Processor shall retain the Data for [Insert retention period] unless otherwise agreed in writing.
b) Upon expiration of the retention period, the Data Processor shall securely delete or destroy the Data unless otherwise agreed in writing.
c) The Data Processor shall provide written confirmation of the Data`s deletion or destruction to the Data Controller.
6. Data Subject Rights
The Data Controller shall ensure that Data Subjects are informed of their rights under applicable data protection laws and regulations. The Data Processor shall assist the Data Controller in responding to Data Subject requests for access, rectification, erasure, or restriction of processing.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Country A/Country B].
In conclusion, data transfer agreements are essential legal documents that protect personal data during transfers between organizations. A good DTA should clearly outline the purpose of the data transfer and specify the modalities of transfer and storage while ensuring that personal data is protected throughout the process. By fulfilling the requirements of data protection regulations, companies can build trust with customers and safeguard their reputation.