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Intercompany Data Transfer Agreement Template for Canada

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Key Requirements PROMPT example:

Intercompany Data Transfer Agreement

"I need an Intercompany Data Transfer Agreement for transferring customer and employee data between our Canadian parent company and our new subsidiary in Vancouver, with extra attention to healthcare data protection requirements as we handle medical records."

Document background
The Intercompany Data Transfer Agreement is essential for organizations operating multiple entities within Canada or internationally that need to share personal and business data across their corporate structure. This document becomes necessary when affiliated companies need to transfer data between them while maintaining compliance with Canadian privacy laws, particularly PIPEDA and provincial privacy legislation. It outlines specific requirements for data protection, defines roles and responsibilities of each party, and establishes protocols for secure data handling. The agreement is particularly crucial in the context of Canadian privacy law requirements, which mandate appropriate safeguards for personal information transfers. It addresses key aspects such as data security measures, breach notification procedures, audit rights, and data subject rights, while considering the unique aspects of affiliated entity relationships.
Suggested Sections

1. Parties: Identification of the data exporter and data importer companies, including registration details and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of the data transfer arrangement

3. Definitions: Definitions of key terms including Personal Information, Data Transfer, Processing, Security Measures, and other relevant terms

4. Scope and Purpose: Details of the data transfer activities, types of data involved, and permitted purposes for processing

5. Obligations of Data Exporter: Responsibilities of the sending party, including data accuracy, consent management, and compliance with privacy laws

6. Obligations of Data Importer: Responsibilities of the receiving party, including data protection measures, processing limitations, and compliance requirements

7. Security Measures: Technical and organizational security measures required for data protection

8. Data Subject Rights: Procedures for handling data subject requests and ensuring privacy rights

9. Breach Notification: Protocol for reporting and managing data breaches

10. Audit Rights: Rights and procedures for conducting compliance audits

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Return or Destruction of Data: Requirements for data handling upon agreement termination

13. Governing Law and Jurisdiction: Specification of Canadian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-processing: Include when data importer may need to engage other group companies or third parties for processing

2. International Transfers: Include when data may be transferred outside of Canada

3. Special Categories of Data: Include when sensitive personal information or special category data is involved

4. Costs and Compensation: Include when there are specific cost-sharing arrangements for data transfer activities

5. Insurance Requirements: Include when specific insurance coverage is required for data protection

6. Business Continuity: Include when specific disaster recovery and business continuity requirements are needed

7. Intellectual Property Rights: Include when data transfers involve proprietary systems or processes

Suggested Schedules

1. Schedule A - Categories of Data: Detailed list of personal data categories being transferred

2. Schedule B - Purposes of Processing: Comprehensive list of approved processing purposes

3. Schedule C - Technical Security Measures: Detailed technical requirements for data protection

4. Schedule D - Organizational Security Measures: Detailed organizational procedures for data protection

5. Schedule E - Authorized Sub-processors: List of approved sub-processors (if applicable)

6. Schedule F - Transfer Impact Assessment: Assessment of privacy risks and mitigation measures

7. Schedule G - Data Processing Locations: List of approved locations for data processing

8. Appendix 1 - Contact Points: List of key contacts for operational and emergency matters

9. Appendix 2 - Security Breach Response Plan: Detailed procedures for handling data breaches

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

Financial Services

Healthcare

Technology

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Energy

Real Estate

Education

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Risk Management

Corporate Governance

Data Governance

Internal Audit

Operations

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Legal Officer

General Counsel

Privacy Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Chief Technology Officer

Chief Information Officer

Legal Operations Manager

Corporate Secretary

Risk Manager

Data Governance Manager

Privacy Program Manager

IT Compliance Manager

Industries








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

Find the exact document you need

Intercompany Data Transfer Agreement

A Canadian law-governed agreement regulating data transfers between affiliated companies while ensuring compliance with federal and provincial privacy laws.

find out more

Intra Group Data Transfer Agreement

Canadian-law governed agreement for secure and compliant data transfers between entities within the same corporate group, aligned with PIPEDA requirements.

find out more

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