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GDPR Intercompany Agreements
"I need a GDPR Intercompany Agreement for our technology group with headquarters in Ireland and subsidiaries in France and Germany, focusing particularly on employee data transfers and cloud storage services, to be implemented by March 2025."
1. Parties: Identification of the group companies entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement, explanation of the group structure and need for data sharing
3. Definitions: Detailed definitions of terms used throughout the agreement, including GDPR-specific terminology
4. Scope and Purpose: Define the scope of data transfers and processing activities covered by the agreement
5. Roles and Responsibilities: Clear designation of controllers, processors, and joint controllers within the group
6. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, data minimization
7. Legal Basis for Processing: Specification of legal grounds for data processing and transfers
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected across the group
9. Security Measures: Technical and organizational measures required for data protection
10. Data Breach Notification: Procedures for reporting and handling personal data breaches
11. Audit and Compliance: Framework for ensuring ongoing compliance and conducting audits
12. Liability and Indemnification: Allocation of responsibility and liability between group companies
13. Term and Termination: Duration of the agreement and conditions for termination
14. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. Special Categories of Personal Data: Additional provisions for handling sensitive personal data, required if such data is processed
2. International Transfers: Specific provisions for transfers outside the EU/EEA, needed if group includes non-EU entities
3. Joint Controller Arrangements: Detailed arrangements where multiple group entities jointly determine processing purposes
4. Sub-processing: Rules for engaging sub-processors, needed if external processors are used
5. Data Protection Impact Assessments: Procedures for conducting DPIAs, required for high-risk processing
6. Employee Data Processing: Specific provisions for handling employee data, needed if agreement covers HR data
7. Marketing Data: Specific provisions for marketing data sharing, needed if marketing activities are included
1. Schedule 1 - Details of Processing Activities: Detailed description of processing activities, categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented by all parties
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms used for international transfers
5. Schedule 5 - Data Subject Request Procedures: Detailed procedures for handling data subject requests
6. Appendix A - Contact Points: List of key contacts and DPOs for each party
7. Appendix B - Standard Forms: Standard forms for data breach reporting, audit requests, and other regular communications
Authors
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Insurance
Banking
Pharmaceuticals
E-commerce
Education
Energy
Transportation
Media and Entertainment
Legal
Compliance
Data Protection
Information Security
IT
Risk Management
Privacy
Information Governance
Corporate Affairs
Regulatory Affairs
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Privacy Manager
Chief Information Security Officer
Risk Manager
IT Director
Chief Legal Officer
Chief Compliance Officer
Data Protection Specialist
Privacy Analyst
Information Governance Manager
Corporate Counsel
Head of Compliance
Head of Data Protection
General Counsel
Privacy Operations Manager
Group Data Protection Manager
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