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The Intercompany Data Transfer Agreement is essential for multinational organizations operating in or from the Netherlands that need to share data between group entities. This document becomes necessary when companies within the same group need to transfer or share personal data and other confidential information in compliance with Dutch and EU data protection laws. It addresses the requirements of the GDPR, Dutch GDPR Implementation Act (UAVG), and Dutch corporate law, while establishing clear protocols for data handling, security measures, and accountability. The agreement is particularly crucial for companies with shared service centers, centralized data processing operations, or those requiring regular data flows between group entities. It includes comprehensive provisions for data protection, transfer mechanisms, security requirements, and incident response procedures, ensuring both legal compliance and operational efficiency in intra-group data transfers.

1. Parties: Identification of the group companies involved in the data transfer, including their registration details and roles (data exporter/importer)

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

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

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

5. Roles and Responsibilities: Clear designation of roles (controller/processor) and specific responsibilities of each party

6. Data Protection Principles: Commitment to GDPR principles and specific measures to ensure compliance

7. Security Measures: Technical and organizational measures required for data protection

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

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

10. Audit Rights: Provisions for monitoring and verifying compliance

11. Term and Termination: Duration of the agreement and conditions for termination

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

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

14. Signature Page: Execution blocks for authorized representatives of each party