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Intra Group Data Processing Agreement
"I need an Intra Group Data Processing Agreement under Dutch law for our pharmaceutical group's HR data processing activities, where our Netherlands headquarters acts as controller for 12 European subsidiaries, to be implemented by March 2025."
1. Parties: Identification of the group entities involved, specifically identifying the data controller(s) and data processor(s)
2. Background: Context of the intra-group arrangement and relationship between the parties
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and group-specific terms
4. Scope and Purpose: Details of the processing activities covered, including types of data, categories of data subjects, and processing purposes
5. Duration: Term of the agreement and conditions for termination
6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions
7. Security Measures: Technical and organizational measures required to ensure appropriate security of the personal data
8. Sub-processing: Conditions and requirements for engaging other group entities or external sub-processors
9. Data Subject Rights: Processor's obligations to assist the controller in responding to data subject requests
10. Data Breach Notification: Procedures and timeframes for notifying data breaches within the group
11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
12. Return or Deletion of Data: Requirements for data handling upon termination of processing activities
13. Liability and Indemnification: allocation of responsibilities and liabilities between group entities
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Data Transfers: Required if any group entities are located outside the EEA, specifying transfer mechanisms and safeguards
2. Group-Wide Policies: Reference to relevant group-wide data protection policies and standards, if applicable
3. Cost Allocation: Include if there are specific internal charging arrangements for processing activities
4. Insurance: Include if specific insurance requirements need to be specified between group entities
5. Special Categories of Data: Required if processing involves sensitive personal data, specifying additional safeguards
6. Joint Controller Provisions: Include if any processing activities involve joint controller relationships within the group
1. Description of Processing Activities: Detailed description of processing operations, including data categories, purposes, and processing activities
2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors (both group entities and external) and their processing activities
4. Contact Points and Escalation Procedure: List of key contacts and procedures for operational matters and emergencies
5. Data Breach Response Plan: Detailed procedures for handling and reporting data breaches within the group
6. Audit Requirements: Specific procedures and requirements for conducting compliance audits
7. Standard Forms: Templates for regular notifications, sub-processor approval requests, and other routine communications
Authors
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Energy
Telecommunications
Insurance
Pharmaceuticals
Transportation & Logistics
Consumer Goods
Media & Entertainment
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Information Governance
Privacy
Corporate Governance
Regulatory Affairs
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
IT Director
Chief Technology Officer
Risk Manager
Corporate Counsel
Head of Compliance
Chief Legal Officer
Privacy Manager
Group Data Protection Manager
Information Governance Manager
Chief Information Security Officer
Head of IT Security
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