The Intra Group Data Transfer Agreement is essential for multinational organizations with German operations or entities that need to transfer personal data within their corporate structure. This document becomes necessary when group companies share personal data across different legal entities, ensuring compliance with German data protection laws, the BDSG, and the GDPR. It establishes clear protocols for data handling, security measures, and accountability, while addressing specific German legal requirements such as works council considerations. The agreement should be implemented before any systematic sharing of personal data begins between group entities and must be updated when there are significant changes in data processing activities or relevant legislation.
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1. Parties: Identification of the group companies involved, including registered details and roles (data exporters/importers)
2. Background: Context of the agreement, relationship between group entities, and purpose of data transfers
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and group-specific definitions
4. Scope and Purpose: Details of data transfers, processing purposes, and categories of data subjects and personal data
5. Obligations of Data Exporter: Responsibilities of the sending entity, including data quality and legal basis for transfers
6. Obligations of Data Importer: Commitments of the receiving entity regarding data processing, security, and confidentiality
7. Technical and Organizational Measures: Security measures implemented to protect personal data during transfer and processing
8. Sub-processing: Rules and procedures for engaging sub-processors within or outside the group
9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
10. Data Breach Notification: Procedures for reporting and handling personal data breaches
11. Audit Rights: Framework for conducting compliance audits and inspections
12. Term and Termination: Duration of agreement and conditions for termination
13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Emergency Contact Protocol: Special procedures for urgent data protection matters, recommended for critical data processing
2. Data Protection Impact Assessments: Procedures for conducting DPIAs, necessary when processing poses high risks
3. Special Categories of Data: Additional safeguards for sensitive data, required when processing special categories under Art. 9 GDPR
4. Cross-Border Transfer Mechanisms: Additional provisions for transfers outside EEA, needed when group includes non-EEA entities
5. Local Data Protection Requirements: Specific provisions for particular jurisdictions, needed for multi-jurisdiction operations
6. Works Council Provisions: Required when employee data is processed and German works councils are involved
1. Schedule 1: Details of Processing: Detailed description of data processing activities, categories of data, and purposes
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by parties
3. Schedule 3: Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4: Transfer Impact Assessment: Assessment of risks and safeguards for data transfers
5. Schedule 5: Standard Contractual Clauses: Incorporation of relevant EU SCCs if applicable
6. Appendix A: Contact Details: List of key contacts including DPOs and privacy teams
7. Appendix B: Security Breach Response Plan: Detailed procedures for handling data breaches
8. Appendix C: Audit Procedures: Detailed audit protocols and requirements
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