A Data Transfer Agreement is essential when personal data needs to be transferred between organizations, whether within Austria, the EU, or internationally. This document becomes necessary when one organization (the data exporter) needs to share personal data with another organization (the data importer) for processing purposes. Under Austrian law and the GDPR, such transfers must be properly documented and secured through appropriate contractual arrangements. The agreement covers crucial aspects such as the purpose of transfer, security measures, data subject rights, and breach notification procedures. It's particularly important for ensuring compliance with Austrian data protection requirements and may need to incorporate Standard Contractual Clauses for transfers outside the EEA. The document should be customized based on the nature of data being transferred, the roles of the parties (controller-to-processor or controller-to-controller), and the specific processing activities involved.
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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose of Transfer: Detailed description of the data transfer activities, including categories of data subjects and purposes of processing
5. Roles and Responsibilities: Clear designation of parties as controller/processor or joint controllers, and their respective obligations
6. Legal Basis for Transfer: Specification of the legal grounds for data transfer under GDPR and Austrian law
7. Data Protection Safeguards: Technical and organizational measures to ensure data security and protection
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under GDPR
9. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Confidentiality: Obligations regarding confidentiality of transferred data
11. Duration and Termination: Term of the agreement, termination conditions, and data handling upon termination
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. Signatures: Execution blocks for authorized representatives of both parties
1. Sub-processing: Include when the data importer may engage sub-processors, specifying authorization requirements and obligations
2. Special Categories of Data: Include when sensitive personal data is being transferred, specifying additional safeguards
3. International Transfers: Include when data will be transferred outside the EEA, incorporating relevant SCCs
4. Audit Rights: Include when specific audit requirements beyond standard GDPR obligations are needed
5. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required
6. Compensation and Liability: Include when specific liability caps or compensation arrangements are needed
7. Business Continuity: Include when specific disaster recovery and business continuity requirements are necessary
1. Schedule 1 - Description of Transfer: Detailed description of data transfers, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented to protect the transferred data
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors, if applicable, including their locations and roles
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers, particularly relevant for transfers outside the EEA
5. Appendix A - Contact Points: List of key contacts for operational matters, data protection issues, and breach notifications
6. Appendix B - Standard Contractual Clauses: If applicable, incorporation of relevant EU SCCs for international transfers
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