Is an electronic signature valid?

Yes. Electronic signatures are legally valid for most transactions under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure intent, consent, attribution, and retention requirements are met.

When is notarization required?

Notarization is typically not required for a transfer policy itself unless state law or a specific transaction (for example, real property documents) mandates it; check the applicable state statute.

Do HIPAA rules affect this agreement?

Yes. If PHI is involved, include a Business Associate Addendum and specify safeguards and breach notification timelines consistent with HIPAA rules (45 CFR parts 160–164).

How do I update the agreement later?

Use an amendment or successor agreement signed by authorized parties; include an amendment clause that specifies notice, effective date, and required approvals.

How long must I retain signed copies?

Retain executed agreements per applicable retention rules — commonly at least three years for tax purposes (IRC §6501(a)) and six years for HIPAA-covered records (45 CFR §164.530(j)).

What happens if a signer’s name differs?

Mismatched or incorrectly listed signatory names can cause enforceability issues; confirm legal names and, if necessary, attach evidence of authority or a corporate resolution.

Electronic Signature
Templates
Legal
Information Transfer Policy Agreement

Information Transfer Policy Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

INFORMATION TRANSFER POLICY AGREEMENT

This Information Transfer Policy Agreement (the "Agreement") is entered into as of Effective Date: by and between Transferor Name: , with principal place of business at (hereinafter "Transferor"), and Transferee Name: , with principal place of business at (hereinafter "Transferee"). Transferor and Transferee may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Transferor possesses certain data, records, information and materials described in Section 1 below (the "Information") that Transferor desires to make available to Transferee for the Permitted Purpose; and

WHEREAS, Transferee requires access to the Information to perform services or activities expressly permitted by this Agreement and agrees to handle and protect the Information in accordance with the terms of this Agreement; and

WHEREAS, the Parties wish to set forth policies, controls and contractual obligations governing transfers of Information between them, including security, permitted use, retention, and notification obligations.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Information" means all data, documents, records, communications, and materials transferred or made accessible by Transferor to Transferee pursuant to this Agreement, including any copies, extracts, summaries and derivatives thereof.

1.2 "Permitted Purpose" means the specific permitted use(s) of the Information as described by the Parties in the field below and limited by the terms of this Agreement.

Permitted Purpose (describe)

2. SCOPE OF TRANSFER

2.1 Transferor shall disclose to Transferee only the Information expressly listed in the Description of Information field below and only for the Permitted Purpose. Transferee will not access, request, or use any Information beyond the scope permitted by this Agreement.

Description of Information to be transferred Types of Information (select all that apply)

Personal Data Confidential Business Information Technical Data Other (specify below)

If Other, describe

3. PERMITTED USES AND RESTRICTIONS

3.1 Transferee shall use the Information solely for the Permitted Purpose and shall not use the Information for any other purpose, including competitive use, marketing, or any purpose prohibited by law. Transferee shall ensure that access to the Information is limited to personnel with a legitimate need-to-know and who are bound by confidentiality obligations at least as protective as those contained herein.

3.2 Transferee shall not sell, license, distribute, publish, re-transfer, or otherwise disclose the Information to any third party except as expressly permitted under Section 7 or with the prior written consent of Transferor.

4. SECURITY AND HANDLING REQUIREMENTS

4.1 Transferee shall implement and maintain administrative, technical and physical safeguards appropriate to the sensitivity of the Information, including but not limited to encryption in transit and at rest, access controls, logging, patch management, and personnel training. Transferee represents that the safeguards described in the field below are currently in place and shall continue in effect during the Term.

Summary of security measures implemented by Transferee

4.2 Transferee shall maintain an inventory of locations and systems where Information is stored and shall restrict remote access unless secured by strong authentication. Transferee shall ensure backups are protected in a manner consistent with this Agreement and shall segregate Information from Transferee's other data where reasonably practicable.

5. INCIDENT RESPONSE AND NOTIFICATION

5.1 In the event of any actual or suspected security breach, unauthorized access, disclosure, loss or theft of Information (an "Incident"), Transferee shall, without undue delay and in no event later than seventy-two (72) hours after discovery, notify Transferor of the Incident and provide a reasonably detailed description including the nature of the Information involved, the likely consequences, and the measures taken or proposed to be taken to mitigate harm.

Primary Incident Contact Name (Transferee) Primary Incident Contact Email (Transferee)

6. AUDIT RIGHTS AND COMPLIANCE

6.1 Transferor may, upon reasonable prior notice and during regular business hours, audit Transferee's compliance with the obligations contained in this Agreement. Transferee shall cooperate in good faith with any such audit and shall provide access to relevant systems, personnel, documentation, and records, subject to reasonable confidentiality protections.

6.2 Transferee shall promptly remediate any noncompliance identified by Transferor and provide evidence of remediation within a mutually agreed timeframe.

7. SUBPROCESSORS AND THIRD-PARTY TRANSFERS

7.1 Transferee shall not engage any third party to receive, process, host or otherwise have access to the Information (a "Subprocessor") without prior written consent of Transferor. Where consent is granted, Transferee shall impose contractual obligations on such Subprocessor no less protective than those imposed on Transferee under this Agreement and shall remain fully liable for Subprocessor acts and omissions.

If any Subprocessor is authorized, identify name and purpose

8. RETENTION, RETURN, AND DESTRUCTION

8.1 Transferee shall retain Information only for as long as necessary to fulfill the Permitted Purpose or as required by applicable law. Upon expiration or earlier termination of this Agreement or upon Transferor's written request, Transferee shall, at Transferor's election, return all Information to Transferor and securely destroy any remaining copies and derivatives and certify in writing the completion of such destruction.

Retention period (specify duration or condition)

9. REPRESENTATIONS AND WARRANTIES

9.1 Transferor represents that it has the lawful right to transfer the Information described herein and that, to Transferor's knowledge, the transfer and permitted use of the Information by Transferee in accordance with this Agreement will not violate any material contractual obligations or applicable law.

9.2 Transferee represents that it has implemented appropriate technical and organizational measures to protect the Information and that it shall process and use the Information only as permitted by this Agreement and applicable law.

10. INDEMNIFICATION; LIMITATION OF LIABILITY

10.1 Each Party shall indemnify, defend and hold harmless the other Party from and against any third-party claim arising out of the indemnifying Party's breach of this Agreement or its negligence in connection with the handling of the Information; provided, however, that such indemnity shall be subject to the indemnified Party's prompt notice and reasonable cooperation.

10.2 Except for liability for willful misconduct, gross negligence, breaches of confidentiality or obligations under Section 5 (Incident Notification), in no event shall either Party be liable for indirect, incidental, special, consequential or punitive damages arising out of or related to this Agreement.

11. TERM AND TERMINATION

11.1 This Agreement shall commence on the Effective Date and continue for the period specified below or until terminated pursuant to this Section. Either Party may terminate this Agreement for material breach by the other Party if such breach is not cured within thirty (30) days after written notice of the breach.

Term (specify duration or condition)

11.2 Termination shall not relieve Transferee of its obligations to return or securely destroy Information or to comply with Sections that by their nature survive termination, including but not limited to confidentiality, indemnification, and audit obligations.

12. NOTICES

12.1 All notices required or permitted under this Agreement shall be in writing and delivered to the address or contact specified below. Notice shall be effective upon receipt when delivered personally, by nationally recognized overnight courier, or by confirmed electronic mail.

Transferor Notice Contact and Address Transferee Notice Contact and Address

13. AMENDMENTS AND WAIVER

13.1 No amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of both Parties. No waiver of any breach shall constitute a waiver of any other or subsequent breach.

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified below, without regard to conflict of law principles.

Governing law jurisdiction (state or country)

14.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior and contemporaneous understandings, agreements, or representations.

14.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the affected provision shall be replaced with a valid provision that most closely reflects the Parties' intent.

14.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Facsimile or electronic signatures shall be deemed originals for all purposes.

15. MISCELLANEOUS

15.1 Survival. The Parties' obligations that by their nature should survive termination shall survive, including confidentiality, return or destruction, indemnification, audit and limitation of liability provisions.

15.2 Remedies. The Parties acknowledge that any breach of certain provisions of this Agreement, including confidentiality and unauthorized re-transfer, may cause irreparable harm for which monetary damages would be inadequate. Accordingly, the non-breaching Party shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law or in equity.

Transferor Printed Name:

By:

Date:

Transferee Printed Name:

By:

Date:

What an Information Transfer Policy Agreement Is

An Information Transfer Policy Agreement documents how an organization will handle the transfer, sharing, and receipt of data between parties, including permitted uses, security controls, responsibilities, and data categories. It sets expectations for timing, format, and authorization for transfers of personally identifiable information, protected health information, educational records, or proprietary business data. The agreement clarifies consent, legal basis for transfer, retention and deletion rules, and any required notices or disclosures to comply with federal laws such as ESIGN and industry rules like HIPAA or FERPA.

Why a Clear Transfer Policy Helps Your Organization

A written Information Transfer Policy Agreement reduces legal risk, documents consent and authority, and creates operational consistency for exchanging data. Clear terms help meet regulatory requirements, support audits, and make responsibilities and liability allocation explicit for all parties.

Who Typically Uses This Agreement and When

Use the agreement when parties require written procedures for transfer, when legal or regulatory consent is necessary, or when internal governance demands documented data flow rules.

Healthcare providers and business associates exchanging patient data under a HIPAA-compliant BAA or specific authorization.
Educational institutions or contractors sharing student records where FERPA considerations apply.
Vendors and customers exchanging business-critical datasets under contractual privacy and security terms.

Who Can Sign on Behalf of an Organization

CEO

The chief executive officer may sign for strategic, company-wide policies that commit the organization to transfer frameworks. Ensure the signatory has delegated authority and the board or senior management approved policy terms before execution.

General Counsel

The general counsel or authorized legal representative typically reviews and signs agreements involving legal risk, compliance obligations, or regulatory exposure to ensure statutory language and indemnities are appropriate.

Step-by-Step: How to Complete the Agreement

Follow these sequential steps to ensure the agreement is complete, accurate, and enforceable.

01

Gather details: Collect legal names, data categories, and purpose of transfer.
02

Define controls: Specify encryption, retention, and access restrictions clearly.
03

Assign roles: Identify responsible parties and contact points for transfers.
04

Sign and retain: Execute signatures, date, and store the executed copy securely.

How to Configure an Online Transfer Workflow

Configure the digital workflow to mirror the agreement’s routing, approvals, and authentication requirements.

Field	Configuration
Authentication	Use email link, SMS code, or stronger multi-factor authentication as required.
Routing Order	Set sequential or parallel signing based on role and dependency.
Conditional Fields	Show or hide fields based on party type or answers to prior questions.
Retention Policy	Configure automatic archival and export to secure storage.

Technical Requirements for eSubmission and Exchange

Align platform settings with your security policy and document lifecycle to maintain auditability and compliance.

Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace supported by major eSignature platforms.
File Formats: PDF, DOCX, and HTML are standard; maintain original PDF/A where archival is required.
Authentication: Support for email, SMS code, or advanced signer authentication based on risk.

Typical Digital Transfer and Signing Flow

A standard online workflow reduces manual steps and preserves an audit trail for every transfer event.

Upload Document: Sender uploads the agreement to the signing platform.
Place Fields: Add signature, date, and initial fields for each signer.
Send for Signature: Platform emails signers or generates secure signing links.
Completion and Archive: Signed copies and audit trail are stored and distributed to parties.

Core Clauses to Include in a Professional Agreement

Ensure the agreement contains clear allocation of responsibilities, technical safeguards, legal terms, and procedures for incidents and termination.

Scope

Define exact data categories, permitted recipients, and specific purposes to limit ambiguity and support compliance reviews.

Security

State required protections such as encryption in transit and at rest, access controls, and minimum security standards.

Compliance

Identify applicable laws (HIPAA, FERPA, state privacy statutes) and responsibilities for regulatory reporting and audits.

Breach Response

Outline notification timelines, investigation responsibilities, and remediation steps for unauthorized disclosures.

Data Retention

Specify retention periods, archival procedures, and deletion or return obligations at termination.

Liability

Allocate indemnities, limitations of liability, and insurance requirements to manage financial risk.

Security and Compliance Details to Record

Encryption: TLS 1.2/1.3; AES-256

Access Control: Role-based access

Audit Trail: Timestamps and IP logs

HIPAA: BAA required

ESIGN/UETA: Legal e-signature basis

Retention: Policy-driven retention

Common Pitfalls to Avoid When Drafting

Using vague scope language that fails to identify specific data sets or recipients, which can invalidate consent or invite disputes.
Failing to specify security controls and verification procedures, leaving ambiguity about acceptable transfer mechanisms and breach responsibilities.
Not aligning retention and deletion terms with regulatory obligations — mismatched retention can cause compliance gaps or litigation risk.
Omitting authorized signatory names or delegation evidence, resulting in enforceability problems and execution delays.

Potential Consequences of an Incorrect or Missing Agreement

Regulatory Fines: Monetary penalties

Contract Liability: Damages and indemnities

Operational Disruption: Transfer suspensions

Reputational Harm: Customer trust loss

HIPAA Penalties: Civil and criminal exposures

Tax/Reporting Risk: Backup withholding

Key Deadlines and Processing Expectations

Set clear internal SLA dates for handling transfer requests, eSignature completion, and incident notifications to meet legal requirements.

Request Acknowledgment:

Acknowledge receipt of transfer request within 5 business days

Processing Window:

Complete routine transfers within 30 calendar days unless exception applies

HIPAA Access:

Provide access or a written denial within 30 days (45 CFR §164.524)

FERPA Requests:

Comply within 45 days unless extended by institution (34 CFR §99.10)

Breach Notification:

Notify affected parties per statute-specific deadlines

How This Agreement Differs from Similar Documents

Compare core attributes to distinguish an Information Transfer Policy Agreement from related document types.

Criteria	Information Transfer Policy Agreement	Data Sharing Agreement
Primary Purpose	operational rules	transactional data exchange
Typical Scope	organization-wide	specific datasets
Attachments	retention and security tables	data schema and mapping
Governing Law	state-specific	state-specific

eSignature Pricing and Feature Comparison (vendor overview)

Compare starting prices and core features relevant to executing Information Transfer Policy Agreements. Pricing models and trial terms vary by vendor and plan.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About the Agreement

Answers to common questions about enforceability, e-signatures, notarization, updates, and storage for Information Transfer Policy Agreements.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally valid for most transactions under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure intent, consent, attribution, and retention requirements are met.
When is notarization required?
Notarization is typically not required for a transfer policy itself unless state law or a specific transaction (for example, real property documents) mandates it; check the applicable state statute.
Do HIPAA rules affect this agreement?
Yes. If PHI is involved, include a Business Associate Addendum and specify safeguards and breach notification timelines consistent with HIPAA rules (45 CFR parts 160–164).
How do I update the agreement later?
Use an amendment or successor agreement signed by authorized parties; include an amendment clause that specifies notice, effective date, and required approvals.
How long must I retain signed copies?
Retain executed agreements per applicable retention rules — commonly at least three years for tax purposes (IRC §6501(a)) and six years for HIPAA-covered records (45 CFR §164.530(j)).
What happens if a signer’s name differs?
Mismatched or incorrectly listed signatory names can cause enforceability issues; confirm legal names and, if necessary, attach evidence of authority or a corporate resolution.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now