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Intercompany Data Sharing Agreement
"I need an Intercompany Data Sharing Agreement for my pharmaceutical group with headquarters in Ireland and subsidiaries in France and Germany, focusing on sharing clinical trial data and employee information, to be implemented by March 2025."
1. Parties: Identification of the group companies involved in the data sharing arrangement, including their registered addresses and company numbers
2. Background: Context of the agreement, relationship between the parties, and purpose of the data sharing arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including GDPR-specific terminology
4. Scope and Purpose: Detailed description of the data sharing activities covered and their legitimate business purposes
5. Roles and Responsibilities: Clear designation of roles (controller/processor/joint controller) and associated responsibilities under GDPR
6. Legal Basis for Processing: Specification of the legal grounds for data processing and sharing under GDPR Article 6
7. Data Protection Principles: Commitment to comply with GDPR principles and specific measures to ensure compliance
8. Security Measures: Technical and organizational measures required to protect shared data
9. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised
10. Breach Notification: Procedures for reporting and handling personal data breaches
11. Confidentiality: Obligations regarding confidentiality of shared data
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. International Transfers: Required when data will be transferred outside the EEA, including appropriate safeguards and SCCs
2. Special Categories of Data: Required when sharing sensitive personal data, specifying additional safeguards
3. Sub-processing: Include when parties may need to engage sub-processors for data processing activities
4. Audit Rights: Detailed audit provisions when regular compliance verification is required
5. Insurance Requirements: Specific insurance obligations for high-risk data sharing activities
6. Joint Controller Arrangements: Required when parties act as joint controllers, detailing shared responsibilities
7. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
8. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
1. Schedule 1 - Categories of Data: Detailed list of personal data categories being shared
2. Schedule 2 - Purposes of Processing: Comprehensive list of specific purposes for which data is shared
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms and safeguards for international transfers
5. Schedule 5 - Contact Points: Key contacts for operational matters, data protection queries, and breach reporting
6. Appendix A - Data Processing Details: Detailed information about processing activities as required by GDPR Article 30
7. Appendix B - Standard Contractual Clauses: SCCs for international transfers if applicable
8. Appendix C - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
Authors
Financial Services
Technology
Healthcare
Pharmaceuticals
Professional Services
Manufacturing
Retail
Telecommunications
Insurance
Energy
Media and Entertainment
Transportation and Logistics
Education
Real Estate
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Corporate Governance
Privacy
Information Management
Operations
Data Governance
Technology
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Information Officer
Chief Technology Officer
Risk Manager
Operations Director
Group Company Secretary
Corporate Governance Manager
Chief Legal Officer
Privacy Manager
Data Governance Manager
Information Management Director
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