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Intercompany Data Transfer Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Data Transfer Agreement

"I need an Intercompany Data Transfer Agreement for transferring customer healthcare data between our US parent company and our subsidiary in California, ensuring HIPAA compliance and California privacy law requirements are met."

Document background
The Intercompany Data Transfer Agreement is essential when companies need to share personal data between different legal entities within their corporate structure. This document becomes necessary when organizations operate across multiple jurisdictions within the United States or internationally and need to ensure compliant data transfers. It addresses requirements under US federal and state privacy laws, including CCPA, HIPAA, and other sector-specific regulations, while also considering international data protection requirements where applicable. The agreement provides a framework for maintaining data protection standards and defining responsibilities between affiliated companies.
Suggested Sections

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

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement including 'Personal Data', 'Processing', 'Transfer', etc.

4. Subject Matter and Purpose: Details of data transfers, including categories of data and purposes of processing

5. Data Protection Obligations: Core obligations regarding data handling, security measures, and compliance requirements

6. Security Measures: Technical and organizational measures for data protection

7. Data Breach Notification: Procedures for handling and reporting data breaches

8. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Cross-Border Transfer Mechanisms: Specific provisions for international transfers when data is transferred outside the US

2. Sub-processing: Rules for engaging sub-processors when third-party processing is anticipated

3. Industry-Specific Provisions: Additional requirements for specific sectors when handling regulated data (healthcare, financial, etc.)

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of data transfers, categories, purposes

2. Schedule 2 - Security Measures: Detailed technical and organizational measures

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors (if applicable)

4. Appendix A - Standard Contractual Clauses: SCCs if required for international transfers

5. Appendix B - Data Processing Agreement: Detailed processing terms if required by applicable law

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

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Industries

GDPR Compliance: Consider European Union General Data Protection Regulation requirements if EU data is involved in the transfer

Privacy Shield Framework: Principles governing international data transfers and privacy protection standards

FTC Act Section 5: Federal Trade Commission Act provisions regarding unfair or deceptive practices affecting commerce, including data privacy

CFAA: Computer Fraud and Abuse Act requirements regarding unauthorized access and computer security

HIPAA: Health Insurance Portability and Accountability Act requirements for healthcare data protection

GLBA: Gramm-Leach-Bliley Act requirements for financial data protection

FERPA: Family Educational Rights and Privacy Act requirements for educational data protection

COPPA: Children's Online Privacy Protection Act requirements for processing children's data

CCPA: California Consumer Privacy Act requirements for processing California residents' data

VCDPA: Virginia Consumer Data Protection Act requirements for processing Virginia residents' data

Colorado Privacy Act: Requirements for processing Colorado residents' personal data

Data Localization: Requirements regarding where data must be stored and processed physically

Data Breach Notifications: Requirements for notifying affected parties and authorities in case of data breaches

Standard Contractual Clauses: Pre-approved contractual language for international data transfers

Binding Corporate Rules: Internal rules for international data transfers within multinational companies

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 US-governed agreement establishing terms for transferring personal data between entities within the same corporate group.

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