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Intra Group Data Processing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Intra Group Data Processing Agreement

"I need an Intra Group Data Processing Agreement for our New Zealand parent company and its three Australian subsidiaries, focusing on customer data processing and cross-border transfers, to be implemented by March 2025."

Document background
The Intra Group Data Processing Agreement is essential for corporate groups operating in New Zealand that share and process personal data between different entities within their organization. This document becomes necessary when one group entity processes personal data on behalf of another group entity, ensuring compliance with the New Zealand Privacy Act 2020 and establishing clear accountability and data protection standards. It is particularly important for multinational organizations with New Zealand operations or New Zealand-based companies with multiple subsidiaries, as it helps maintain consistent data protection practices across the group while meeting local regulatory requirements. The agreement covers crucial aspects such as data security measures, breach notification procedures, audit rights, and cross-border data transfer mechanisms within the group structure.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement, including their registration details and roles (controller/processor)

2. Background: Context of the agreement, relationship between the parties, and purpose of the data processing arrangement

3. Definitions: Key terms used in the agreement, including specific privacy and data protection terminology

4. Scope and Purpose: Details of the data processing activities covered, including types of data, purposes, and processing operations

5. Obligations of the Data Controller: Responsibilities of the controlling entity, including providing instructions and ensuring legal basis for processing

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

7. Sub-processing: Conditions and requirements for engaging other group entities as sub-processors

8. Data Security: Technical and organizational security measures required to protect the processed data

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

10. Audit Rights: Rights and procedures for conducting audits and inspections

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

12. Data Return and Deletion: Obligations regarding data handling upon termination

13. Governing Law and Jurisdiction: Specification of New Zealand law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Data Transfers: Required when data will be transferred outside New Zealand, specifying transfer mechanisms and safeguards

2. Special Categories of Data: Include when processing sensitive personal information as defined in the Privacy Act 2020

3. Group Data Protection Standards: Include when implementing specific group-wide data protection policies and standards

4. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed

5. Insurance Requirements: Include when specific insurance coverage for data processing activities is required

6. Costs and Charges: Include when there are specific cost allocations for data processing services between group entities

Suggested Schedules

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

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

3. Schedule 3 - Approved Sub-processors: List of approved group entities that may act as sub-processors

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

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling data breaches and required notifications

6. Appendix A - Contact Details: Key contacts for data protection matters at each group entity

7. Appendix B - Standard Contractual Clauses: If required for international transfers, modified to reflect intra-group relationship

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

Telecommunications

Professional Services

Retail

Manufacturing

Insurance

Banking

Education

Energy

Transport and Logistics

Media and Entertainment

Pharmaceutical

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Risk Management

Corporate Governance

Internal Audit

Privacy

Operations

Technology Risk

Data Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Legal Officer

General Counsel

Privacy Manager

Compliance Officer

Information Security Manager

Chief Information Security Officer

Chief Technology Officer

Group Data Protection Manager

Legal Counsel

IT Director

Risk Manager

Corporate Secretary

Head of Compliance

Privacy Analyst

Data Protection Specialist

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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