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Data Transfer Addendum Template for England and Wales

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Key Requirements PROMPT example:

Data Transfer Addendum

"I need a Data Transfer Addendum to enable my UK-based healthcare software company to transfer patient data to our new cloud service provider in Canada, with specific provisions for HIPAA compliance and medical data security measures, to be implemented by March 2025."

Document background
The Data Transfer Addendum is essential when organizations need to transfer personal data, particularly across borders. It ensures compliance with UK data protection laws, including the UK GDPR and Data Protection Act 2018. This document is typically used to supplement existing agreements when data sharing becomes necessary, establishing clear protocols for data protection, security measures, and parties' responsibilities. The addendum is particularly crucial for international transfers where additional safeguards are required under English and Welsh law.
Suggested Sections

1. Parties: Identification of data exporter and data importer

2. Background: Context of the data transfer relationship and reference to main agreement

3. Definitions: Key terms used throughout the addendum including references to UK GDPR, Data Protection Act 2018, and other relevant legislation

4. Scope and Purpose: Details of data transfer activities covered and the purpose of the addendum

5. Data Protection Obligations: Core obligations regarding data protection and security measures

6. Transfer Mechanisms: Legal basis for international transfers including compliance with UK IDTA requirements

7. Term and Termination: Duration of the addendum and conditions for termination

Optional Sections

1. Sub-processing: Rules and requirements for engaging sub-processors in data processing activities

2. Audit Rights: Provisions for auditing data protection compliance, particularly relevant for high-risk transfers

3. Local Law Assessment: Assessment procedures for recipient country laws when transferring to non-adequate jurisdictions

Suggested Schedules

1. Description of Transfer: Detailed information about the transfer including data categories, purposes, and processing activities

2. Technical and Organizational Measures: Comprehensive list of security measures implemented by both parties

3. Approved Sub-processors: List of pre-approved sub-processors and process for adding new ones

4. Transfer Impact Assessment: Documentation of risk assessment and implemented safeguards for the data transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation as incorporated into UK law post-Brexit, providing the fundamental framework for data protection in the UK

Data Protection Act 2018: The UK's implementation of data protection legislation that works alongside and supplements the UK GDPR

EU GDPR: European Union's General Data Protection Regulation, relevant for transfers involving EU entities and as a reference point for UK data protection standards

International Data Transfer Agreements: Framework agreements governing the transfer of personal data between different jurisdictions

EU Standard Contractual Clauses: Standard contractual clauses approved by the European Commission for international data transfers, as referenced in UK law

UK International Data Transfer Agreement: The UK's specific mechanism for international data transfers, approved by the ICO for transferring personal data outside the UK

UK Addendum to EU SCCs: UK-specific addendum that can be used alongside the EU SCCs for international data transfers from the UK

ICO Guidance: Regulatory guidance and requirements issued by the Information Commissioner's Office for data protection compliance

PECR: Privacy and Electronic Communications Regulations 2003, governing electronic communications and marketing

Sector-specific regulations: Additional regulatory requirements specific to particular industries or sectors handling personal data

Data Protection Case Law: Relevant judicial decisions and precedents affecting data protection requirements in England and Wales

Post-Brexit Developments: Ongoing changes and updates to data protection requirements following the UK's exit from the European Union

Third Country Transfer Requirements: Specific requirements and safeguards for transferring data to countries outside the UK and EU

Data Adequacy Decisions: Official determinations on whether certain countries provide adequate levels of data protection to allow free flow of personal data

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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