The Intra Group Data Sharing Agreement is essential for multinational organizations operating in Belgium and the EU who need to share data between their various corporate entities. This document becomes necessary when group companies need to establish a formal framework for sharing personal and non-personal data while ensuring compliance with Belgian law and the GDPR. It is particularly important when group entities act as both data controllers and processors, requiring clear delineation of responsibilities and obligations. The agreement typically covers aspects such as data transfer mechanisms, security requirements, breach reporting procedures, and data subject rights management. It should be implemented when companies within the group regularly share customer data, employee information, or other sensitive data sets across different entities. The document helps organizations demonstrate compliance with data protection principles and creates a binding framework for all participating group entities.
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1. Parties: Identification of the group entities participating in the data sharing arrangement, including their registered details and roles (controller/processor)
2. Background: Context of the agreement, relationship between the parties, and purpose of the data sharing arrangement
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Purpose and Scope: Detailed description of the purposes for data sharing and the scope of data processing activities covered
5. Roles and Responsibilities: Clear delineation of each party's roles, whether as data controller or processor, and their respective responsibilities
6. Data Protection Principles: Commitment to comply with GDPR principles and specific measures to ensure compliance
7. Legal Basis for Processing: Identification of the legal grounds for data processing and sharing under GDPR
8. Security Measures: Technical and organizational measures required to protect personal data
9. Data Breach Notification: Procedures for handling and reporting data breaches
10. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data sharing involves transfers outside the EEA, including specific safeguards and transfer mechanisms
2. Sub-processing: Include when parties may need to engage sub-processors for data processing activities
3. Audit Rights: Detailed audit provisions when regular compliance verification is required
4. Insurance Requirements: Specific insurance obligations when required by group policy or risk assessment
5. Cost Allocation: Include when there are specific cost-sharing arrangements for the data sharing infrastructure
6. Service Level Requirements: When specific performance levels need to be maintained for data sharing activities
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being shared
2. Schedule 2 - Authorized Purposes: Specific purposes for which data can be processed by each party
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented by the parties
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms used for any international data transfers
5. Schedule 5 - Contact Points: List of key contacts for operational, legal, and data protection matters
6. Appendix A - Data Processing Records: Template for maintaining records of processing activities
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling data security incidents
8. Appendix C - Standard Forms: Standard forms for data subject requests, breach notifications, and other routine matters
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