Intra Group Data Transfer Agreement

Intra Group Data Transfer Agreement Template for India

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Key Requirements PROMPT example:

"I need an Intra Group Data Transfer Agreement for my pharmaceutical company's operations in India, covering data transfers between our Mumbai headquarters and five manufacturing subsidiaries across different states, with specific attention to handling sensitive clinical trial data."

Document background

The Intra Group Data Transfer Agreement is essential for organizations operating multiple entities within India that need to share and process data within their corporate group structure. This document becomes necessary when group entities need to establish clear protocols for data sharing while ensuring compliance with Indian data protection regulations, particularly the Digital Personal Data Protection Act, 2023, and IT Act provisions. It addresses key aspects such as data security, processing limitations, and compliance requirements while providing flexibility for group-specific operations. The agreement is particularly relevant in the context of India's evolving digital economy and increasing focus on data protection, making it a crucial document for corporate groups handling significant data transfers between their entities.

Suggested Sections

1. Parties: Identification of the group entities participating in the data transfer agreement

2. Background: Context of the agreement and relationship between the group entities

3. Definitions: Definition of key terms used throughout the agreement including data categories, processing activities, and regulatory terms

4. Purpose and Scope: Detailed description of the purpose of data transfers and scope of data processing activities

5. Obligations of Data Transferor: Responsibilities and commitments of the entity transferring the data

6. Obligations of Data Recipient: Responsibilities and commitments of the entity receiving and processing the data

7. Data Security Measures: Technical and organizational security measures to be implemented

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

9. Confidentiality: Confidentiality obligations regarding the transferred data

10. Audit Rights: Rights and procedures for conducting audits of data processing activities

11. Breach Notification: Procedures for reporting and handling data breaches

12. Term and Termination: Duration of the agreement and termination conditions

13. Return or Destruction of Data: Procedures for handling data upon termination

14. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for disputes

15. General Provisions: Standard contractual provisions including amendments, severability, and notices

Optional Sections

1. Sub-processing: Rules for engaging sub-processors - include when data recipients may need to engage third parties

2. Cross-border Transfers: Additional provisions for international transfers - include when group entities are in different countries

3. Liability and Indemnification: Specific liability allocation - include when standard group policies don't cover this

4. Insurance: Insurance requirements - include when specific data protection insurance is needed

5. Business Continuity: Business continuity and disaster recovery procedures - include for critical data processing

6. Change Control: Procedures for managing changes to data processing activities - include for complex processing operations

7. Cost Allocation: Distribution of costs related to data transfer and processing - include when costs need specific allocation

Suggested Schedules

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

2. Schedule 2 - Processing Activities: Detailed description of all processing activities covered

3. Schedule 3 - Technical and Security Measures: Detailed security measures and controls implemented

4. Schedule 4 - Transfer Mechanisms: Specific mechanisms and procedures for data transfers

5. Schedule 5 - Authorized Recipients: List of authorized personnel or departments who may access the data

6. Appendix A - Data Processing Records: Template for maintaining records of processing activities

7. Appendix B - Security Breach Response Plan: Detailed procedures for handling data breaches

8. Appendix C - Audit Checklist: Standard checklist for conducting internal audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Pharmaceuticals

Manufacturing

Professional Services

Telecommunications

E-commerce

Insurance

Business Process Outsourcing

Automotive

Consumer Goods

Energy and Utilities

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Data Governance

Corporate Affairs

Operations

Regulatory Affairs

Technology Governance

Internal Audit

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Chief Technology Officer

Privacy Manager

Corporate Counsel

Risk Manager

IT Director

Data Governance Manager

Operations Director

Group General Counsel

Chief Operating Officer

Regulatory Compliance Officer

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Authors

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