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Intercompany Data Processing Agreement

Intercompany Data Processing Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Data Processing Agreement

"I need an Intercompany Data Processing Agreement between our US parent company and our new subsidiary in California, specifically addressing CCPA compliance and healthcare data processing, to be effective from March 1, 2025."

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Document background
The Intercompany Data Processing Agreement serves as a critical compliance tool for organizations operating multiple entities that share and process personal data within their corporate structure. This agreement is essential when one group entity processes personal data on behalf of another entity within the same organization, particularly in the United States where various federal and state privacy laws apply. It addresses key requirements under US privacy regulations, establishes clear roles and responsibilities, and provides a framework for compliant data processing activities between affiliated entities.
Suggested Sections

1. Parties: Identification of data controller and processor entities including full legal names and registered addresses

2. Background: Context of the data processing relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including Personal Data, Processing, Controller, Processor, Data Subject

4. Scope and Purpose: Details of what data is processed and why, including types of data and processing activities

5. Data Processing Obligations: Core obligations of the processor including processing only on documented instructions, ensuring confidentiality

6. Security Measures: Required technical and organizational measures to ensure appropriate security of personal data

7. Confidentiality: Confidentiality obligations regarding processed data and personnel access restrictions

8. Term and Termination: Duration of the agreement, termination rights, and data deletion/return obligations

Optional Sections

1. Cross-Border Transfers: Provisions governing international data transfers, including transfer mechanisms and safeguards

2. Industry-Specific Compliance: Additional requirements for specific sectors such as healthcare (HIPAA) or financial services (GLBA)

3. Sub-processing: Rules and conditions for engaging sub-processors, including approval requirements and liability

Suggested Schedules

1. Schedule 1: Processing Details: Detailed description of processing activities, categories of data subjects and personal data

2. Schedule 2: Security Measures: Detailed technical and organizational security measures implemented to protect personal data

3. Schedule 3: Approved Sub-processors: List of approved sub-processors including their names, locations, and processing activities

4. Schedule 4: Transfer Mechanisms: Details of cross-border transfer mechanisms including Standard Contractual Clauses if applicable

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
Clauses






























Industries

FTC Act Section 5: Federal Trade Commission Act provisions regarding unfair or deceptive practices in data handling and privacy

GLBA: Gramm-Leach-Bliley Act - Regulates the collection, storage, and use of financial data and personal information by financial institutions

HIPAA: Health Insurance Portability and Accountability Act - Governs the protection and handling of protected health information (PHI)

COPPA: Children's Online Privacy Protection Act - Regulates the collection and use of personal information from children under 13 years of age

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - Comprehensive state-level privacy laws providing California residents with various data rights

VCDPA: Virginia Consumer Data Protection Act - State-level privacy law providing Virginia residents with data protection rights

CPA: Colorado Privacy Act - State-level privacy legislation establishing requirements for data protection and consumer privacy rights in Colorado

UCPA: Utah Consumer Privacy Act - State-level privacy law establishing data protection requirements and consumer rights in Utah

CTDPA: Connecticut Data Privacy Act - State-level privacy legislation providing Connecticut residents with data protection rights

GDPR Compliance: EU General Data Protection Regulation considerations for handling data of EU subjects, including cross-border transfer mechanisms

UK GDPR: United Kingdom General Data Protection Regulation requirements for handling data of UK subjects

PCI DSS: Payment Card Industry Data Security Standard - Security requirements for organizations handling credit card information

SOX: Sarbanes-Oxley Act - Requirements for handling and protecting financial reporting data and related internal controls

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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