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Intra Group Data Transfer Agreement

Intra Group Data Transfer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Intra Group Data Transfer Agreement

"I need an Intra Group Data Transfer Agreement for our Malaysian financial services group to enable secure data sharing between our main bank entity and five subsidiary companies, with specific provisions for handling sensitive financial data and compliance with Bank Negara Malaysia guidelines."

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Document background
In today's interconnected business environment, companies operating as part of a larger corporate group frequently need to share personal and business data among their various entities. The Intra Group Data Transfer Agreement serves as a crucial legal framework for such transfers within Malaysia's jurisdiction. This document is essential when group entities need to share customer data, employee information, or other sensitive data while ensuring compliance with the Personal Data Protection Act 2010 and related Malaysian regulations. It becomes particularly relevant when establishing shared services centers, during corporate restructuring, or when implementing group-wide data management systems. The agreement includes detailed provisions on data protection measures, security requirements, and compliance obligations, while accounting for the specific needs of intra-group relationships and Malaysian legal requirements.
Suggested Sections

1. Parties: Identification of the group entities participating in the data transfer agreement, including their registration details and addresses

2. Background: Context of the intra-group data transfer arrangement and relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, including types of data, processing activities, and group-specific terminology

4. Scope and Purpose: Detailed description of the data transfer activities covered and their legitimate business purposes

5. Data Protection Principles: Commitment to comply with Malaysian PDPA principles and other applicable data protection requirements

6. Obligations of Data Transferor: Responsibilities and warranties of the entity transferring the data, including data accuracy and security measures

7. Obligations of Data Recipient: Responsibilities of the receiving entity, including data processing restrictions and security requirements

8. Security Measures: Technical and organizational measures required to protect the transferred data

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

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

11. Audit Rights: Rights and procedures for conducting compliance audits

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Post-Termination Obligations: Obligations that survive termination, including data return or deletion

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-Processing: Include when data recipients may engage sub-processors for data processing activities

2. Industry-Specific Compliance: Include for regulated industries such as financial services or healthcare

3. Cross-Border Transfers: Include when data transfers involve group entities outside Malaysia

4. Data Protection Officer: Include when parties need to designate specific DPOs for compliance purposes

5. Group-Wide Policies: Include when referencing broader group data protection policies and standards

6. Cost Allocation: Include when there are specific cost-sharing arrangements for data transfer infrastructure

7. Insurance Requirements: Include when specific insurance coverage is required for data protection

8. Force Majeure: Include when specific force majeure provisions for data transfer interruptions are needed

Suggested Schedules

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

2. Schedule 2 - Permitted Purposes: Specific purposes for which data transfer and processing is authorized

3. Schedule 3 - Security Measures: Technical and organizational security measures to be implemented

4. Schedule 4 - Transfer Mechanisms: Technical details of how data transfers will be executed

5. Schedule 5 - Contact Points: Key contacts for operational, technical, and compliance matters

6. Schedule 6 - Sub-Processors: List of approved sub-processors (if applicable)

7. Schedule 7 - Processing Locations: List of approved locations where data processing may occur

8. Appendix A - Standard Contractual Clauses: Standard terms for data protection compliance

9. Appendix B - Technical Requirements: Detailed technical specifications for data transfer systems

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Financial Services

Healthcare

Technology

Manufacturing

Retail

Telecommunications

Professional Services

Energy

Insurance

E-commerce

Education

Logistics

Pharmaceutical

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Privacy Office

Corporate Governance

Operations

Data Management

Internal Audit

Corporate Affairs

Technology Infrastructure

Enterprise Architecture

Relevant Roles

Chief Legal Officer

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Officer

Chief Technology Officer

Risk Manager

Corporate Secretary

Head of Compliance

Privacy Manager

IT Security Director

Group Data Protection Manager

Chief Operating Officer

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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