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Intra Group Data Processing Agreement Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Intra Group Data Processing Agreement is essential for corporate groups operating under Dutch law who need to establish compliant data processing arrangements between group entities. This document is required when one group entity processes personal data on behalf of another group entity, ensuring compliance with GDPR Article 28 requirements and Dutch data protection laws. It is particularly relevant for multinational groups with Dutch operations or Dutch-headquartered companies with multiple subsidiaries. The agreement should be implemented when group entities start sharing personal data processing activities and should be updated when processing activities change or new entities join the group. It includes specific provisions for security measures, data breach notifications, and audit rights, while taking into account the connected nature of group entities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Retail

Professional Services

Energy

Telecommunications

Insurance

Pharmaceuticals

Transportation & Logistics

Consumer Goods

Media & Entertainment

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Information Governance

Privacy

Corporate Governance

Regulatory Affairs

Relevant Roles

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

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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