The International Data Transfer Addendum is essential when organizations transfer personal data from the Netherlands or other EU countries to recipients outside the EEA. This document becomes necessary when the main data processing agreement needs to be supplemented with specific transfer mechanisms and safeguards required under Chapter V of the GDPR and Dutch data protection law. It incorporates Standard Contractual Clauses, addresses requirements stemming from the Schrems II decision, and includes transfer impact assessments. The addendum is particularly crucial for Dutch organizations engaging with international partners, service providers, or group companies located in third countries, ensuring compliance with both Dutch and EU data protection requirements while facilitating necessary business operations.
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1. Parties: Identification of the data exporter and data importer, including their roles and contact details
2. Background: Context of the addendum, relationship to the main agreement, and purpose of the data transfer
3. Definitions: Key terms used in the addendum, incorporating GDPR definitions and additional transfer-specific terms
4. Scope and Purpose of Transfer: Detailed description of the specific data transfers covered, including categories of data subjects and data types
5. Transfer Safeguards: Implementation of appropriate safeguards for data transfers, including reference to Standard Contractual Clauses
6. Data Importer Obligations: Specific obligations of the data importer regarding data protection, security measures, and compliance with EU standards
7. Data Subject Rights: Mechanisms for ensuring data subject rights are protected in the context of international transfers
8. Sub-processing: Conditions and requirements for engaging sub-processors in the data transfer chain
9. Audit and Compliance: Rights and procedures for monitoring compliance with transfer obligations
10. Transfer Impact Assessment: Requirements for assessing and documenting the impact of transfers on data protection
11. Breach Notification: Procedures for handling and reporting data breaches in the context of international transfers
12. Termination: Conditions and consequences of termination, including data return or deletion obligations
1. Local Law Assessment: Additional section for detailed assessment of recipient country laws, required when transferring to high-risk jurisdictions
2. Supplementary Technical Measures: Specific technical measures required for certain types of transfers or high-risk scenarios
3. BCR Integration: Section needed when one party operates under Binding Corporate Rules, describing their interaction with this addendum
4. Special Categories of Data: Additional provisions required when transferring special categories of personal data
5. Return of Data Procedures: Detailed procedures for data return, required for complex data structures or large-scale transfers
1. Schedule 1 - Transfer Details: Detailed specification of data transfers, including data types, purposes, frequencies, and retention periods
2. Schedule 2 - Technical and Organizational Measures: Comprehensive description of security measures implemented for the transfer
3. Schedule 3 - Sub-processors: List of approved sub-processors and their roles in the data transfer chain
4. Schedule 4 - Transfer Impact Assessment Template: Standard format for conducting and documenting transfer impact assessments
5. Appendix A - Standard Contractual Clauses: Incorporation of the relevant modules of EU Standard Contractual Clauses
6. Appendix B - Supplementary Measures: Detailed description of additional technical, organizational, and contractual measures
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