What Is a Data Transfer Agreement

When personal data is transferred or accessed outside the EEA, the transfer agreement between the parties must not only take into account the lawfulness of the transfer itself, but also take into account the processing of personal data in general and take into account all related requirements of the GDPR. For example, for data exports to a subcontractor or subprocessor, the GDPR sets out detailed requirements that an agreement must include in addition to processing the transfer. The requirement to include mandatory details in delegation agreements is an important change introduced by the GDPR. You must execute such a data transfer agreement with the relevant Accenture entity or a third party acting as a data importer, or ensure that the relevant corporate clients perform such data transfer agreement. You should consider (especially if you are a controller) both direct transfers and indirect transfers (onward transfers) current and future transfers. A direct transfer takes place where the recipient of the information with which the exporter concludes contracts is established outside the EEA. An indirect transfer would take place if the contractual recipient is domiciled in the EEA but engages other subcontractors or subcontractors outside the EEA, including group companies. Please note that at Purdue University, data agreements must be signed by an authorized institutional representative. Principal investigators are not authorized representatives of the institution. Related regulatory compliance controls, including but not limited to secure storage of data and for research purposes, are also required. Related reviews will be conducted in conjunction with contract negotiations.

In addition, the delegation agreement must specify that a subcontractor: The Head of The Board must provide the external organization or third party with a copy of this policy and an empty data transfer agreement.2. Agree on the modalities of the secure transmission of the data concerned.3. Document the agreements in the data transfer contract. The legal basis for transfers must be explicitly stated. This should include the reference to ongoing direct and indirect transfers (if any) and the legal basis for retransmissions. Consider the provision of services by the Processor to the Controller (or, where applicable, by the Sub-Processor to the Processor). The descriptions in the agreement must accurately reflect the data processing carried out. If a transfer agreement is concluded separately from the main service contract, the interaction with the main contract must be carefully considered.

If provisions that would normally be included in a separate delegation agreement are indeed included in the main agreement, the broader provisions of the main agreement must also be taken into account. The transfer of personal data to another controller is only permitted if certain conditions apply, as well as the transfer to a data processor based outside the EEA. Similarly, the delegation agreement must establish the legal basis for transfers, direct and indirect, as well as retransmissions. Ii. in clause 4(f), the words `adequate protection within the meaning of Directive 95/46/EC` shall be deleted and replaced by `a level of data protection considered adequate or equivalent under the applicable data protection law`. „Ex-EEA transfer” means a processing activity in which the customer`s personal data processed in accordance with the GDPR is transferred from the data exporter to the data importer (or its premises) outside the EEA, and such transfer is not subject to an adequacy decision by the European Commission in accordance with the relevant provisions of the GDPR. If Purdue receives data from an external entity: The specific obligations of the GDPR processor are set out below and must be reflected in the agreement between the controller and the processor (or.dem processor and subprocessor). Under the GDPR (as under the old European data protection regime), the default position is that EU personal data cannot be transferred or accessed outside the EEA unless certain conditions are met. For example, if an adequacy decision for a particular country has been issued by the European Commission; or, where applicable, safeguards have been put in place, e.B. Binding Corporate Rules (BCRs), Standard Contractual Clauses (SCCs) or Privacy Shield certifications; or where exceptions apply to specific situations (interpreted restrictively). The delegation agreement should specify the condition covered and, where appropriate, include the adequacy mechanism in the agreement itself, e.B. where standard clauses are used.

Under the GDPR, data transfer agreements for data processing (and sub-processor) must include certain specific data provisions and descriptions, and more generally, the obligations and rights of the controller must be included in the contract. The transfer agreement must reflect the relevant binding requirements of the GDPR. Before you start reviewing or drafting the agreement, you must determine the data processing relationship between the parties, e.B whether the data is a joint controller of the controller, a controller of a processor or a processor of a sub-processor, or a combination of the above. If any of the UK SCAs are replaced or replaced by new standard data protection clauses in accordance with Article 46 of the UK GDPR and the related provisions of the 2018 DPA („New UK CTCs”), the data importer may inform the data exporter and, from the date specified in this notice, amend the application of clauses 5 and 6 (as appropriate) to one or more transfers outside the United Kingdom. that: b. If: (a) any of the means referred to in this DTA to legitimise transfers of personal data outside the EEA or the United Kingdom ceases to apply; or (b) a supervisory authority requires that the transfer of personal data be suspended in accordance with those means, the data importer may, by informing the other party, amend or introduce other provisions in respect of such transfers, as required by the relevant data protection legislation with effect from the date indicated in that notice. In all scenarios, the parties should have an understanding and record of the underlying personal data transferred to ensure that it and the responsibilities of the relevant third party will reflect the transfer agreement….