The Intra Group Data Sharing Agreement is essential for corporate groups operating in Canada who need to share personal and business data between their various entities while maintaining compliance with privacy laws. This document becomes necessary when multiple group entities need to access, process, or transfer data between them, whether for operational efficiency, consolidated reporting, shared services, or group-wide initiatives. The agreement must align with the Personal Information Protection and Electronic Documents Act (PIPEDA) at the federal level and relevant provincial privacy laws. It typically includes detailed provisions for data protection, security measures, breach notification procedures, and data subject rights, while also addressing specific Canadian requirements for cross-border data transfers if applicable. The agreement serves as both a compliance tool and an operational framework, ensuring that data sharing within the group is both legally compliant and efficiently structured.
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1. Parties: Identification of the group entities participating in the data sharing arrangement
2. Background: Context of the agreement and relationship between the group entities
3. Definitions: Definitions of key terms used throughout the agreement, including types of data, processing activities, and regulatory terms
4. Purpose and Scope: Detailed description of the purposes for data sharing and types of data covered
5. Data Protection Principles: Commitment to comply with fundamental data protection principles under Canadian privacy laws
6. Roles and Responsibilities: Definition of each party's obligations regarding data processing, security, and compliance
7. Legal Basis for Processing: Establishment of legal grounds for data sharing under applicable privacy laws
8. Data Security Measures: Required technical and organizational security measures for protecting shared data
9. Data Breach Notification: Procedures for handling and reporting data breaches between group entities
10. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under privacy laws
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard contractual provisions including governing law, amendments, and notices
1. Cross-Border Data Transfers: Required when data will be transferred outside of Canada, addressing additional safeguards and requirements
2. Sector-Specific Requirements: Additional provisions for regulated sectors (e.g., healthcare, financial services)
3. Data Retention and Disposal: Specific requirements for retention periods and secure disposal of shared data
4. Audit Rights: Provisions for internal or external audits of data processing activities
5. Sub-processing: Rules regarding the use of sub-processors by group entities
6. Cost Allocation: Distribution of costs related to data sharing infrastructure and compliance measures
7. Insurance Requirements: Specific insurance obligations for data protection and cyber risks
1. Schedule A - Categories of Personal Data: Detailed list of personal data categories being shared between group entities
2. Schedule B - Technical and Security Requirements: Specific technical standards, security protocols, and controls for data protection
3. Schedule C - Data Transfer Matrix: Matrix showing data flows between different group entities and jurisdictions
4. Schedule D - Contact Points: List of key contacts for data protection, breach notification, and operational matters
5. Schedule E - Processing Activities: Detailed description of processing activities carried out by each party
6. Appendix 1 - Standard Operating Procedures: Operational procedures for day-to-day data sharing activities
7. Appendix 2 - Incident Response Plan: Detailed procedures for responding to data security incidents
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