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Intercompany Data Processing Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Intercompany Data Processing Agreement

"I need an Intercompany Data Processing Agreement for our UAE-based parent company that will cover personal data processing activities across our subsidiaries in Dubai, Saudi Arabia, and Singapore, ensuring compliance with UAE Federal Decree Law No. 45 of 2021 and including provisions for cross-border transfers."

Document background
This Intercompany Data Processing Agreement is designed for use between affiliated companies operating under UAE jurisdiction where one entity processes personal data on behalf of another. The document is essential for compliance with UAE Federal Decree Law No. 45 of 2021 and its Executive Regulations, particularly when sharing personal data within a corporate group. It details the responsibilities of both data controllers and processors, establishes security and confidentiality requirements, and includes specific provisions for cross-border data transfers. The agreement is particularly relevant for multinational companies with UAE operations and those operating in regulated sectors, ensuring proper data protection governance while facilitating necessary business operations between group entities.
Suggested Sections

1. Parties: Identification of the contracting entities, including their roles as data controller and data processor

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

3. Definitions: Definitions of key terms used in the agreement, aligned with UAE data protection laws

4. Scope and Purpose: Details of the data processing activities covered by the agreement

5. Obligations of the Data Controller: Responsibilities and duties of the controller under UAE law

6. Obligations of the Data Processor: Detailed processor obligations including security measures and confidentiality

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

8. Data Security: Security measures required to protect personal data

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

10. Audit Rights: Controller's rights to audit processor's compliance

11. Cross-border Data Transfers: Rules and safeguards for international data transfers

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

13. Return or Deletion of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction

Optional Sections

1. Sub-processing: Include when the processor may engage sub-processors

2. DIFC Compliance: Include when either party operates within the DIFC

3. Data Protection Officer: Include when either party has appointed a DPO

4. Insurance Requirements: Include when specific insurance coverage is required

5. Business Continuity: Include when processing involves critical data or systems

6. Special Categories of Data: Include when sensitive personal data is processed

7. Joint Controller Provisions: Include when parties act as joint controllers for certain processing

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data and purposes

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles

4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling data breaches

6. Appendix A - Contact Details: Key contacts for both parties including emergency contacts

7. Appendix B - Data Processing Register: Template for maintaining records of processing activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses




























Relevant Industries

Financial Services

Healthcare

Technology

Retail

Professional Services

Manufacturing

Telecommunications

Real Estate

Education

Transportation and Logistics

Energy

Media and Entertainment

Hospitality

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Corporate Governance

Operations

Privacy

Regulatory Affairs

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

Chief Technology Officer

Chief Information Officer

Risk Manager

Corporate Counsel

IT Security Manager

Operations Director

Group Legal Director

Chief Compliance Officer

Data Governance 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

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