The Intercompany Data Processing Agreement is essential for multinational companies operating in Hong Kong that need to establish formal arrangements for processing personal data within their group structure. This document becomes necessary when one group entity processes personal data on behalf of another, requiring compliance with Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and associated regulations. The agreement is particularly important in the context of Hong Kong's data protection regime, which requires documented arrangements for data processing activities, even between affiliated entities. It addresses key aspects such as data security measures, breach reporting procedures, audit requirements, and cross-border transfer mechanisms, while taking into account the intra-group nature of the relationship. This template is designed to balance regulatory compliance with practical considerations of intra-group operations.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the group companies involved - typically one entity as data controller and another as data processor
2. Background: Context of the agreement, relationship between the parties as group companies, and purpose of the data processing arrangement
3. Definitions: Key terms including Personal Data, Processing, Controller, Processor, Applicable Data Protection Laws, Group Companies, etc.
4. Scope and Purpose of Processing: Detailed description of the processing activities, types of personal data, and purposes for which data will be processed
5. Obligations of the Data Controller: Controller's responsibilities including providing instructions, ensuring legal basis for processing, and responding to data subject requests
6. Obligations of the Data Processor: Processor's duties including processing only on documented instructions, maintaining confidentiality, implementing security measures
7. Security Measures: Technical and organizational measures required to protect personal data
8. Sub-processing: Conditions and requirements for engaging other group companies or external sub-processors
9. Data Breach Notification: Procedures for reporting and handling personal data breaches within the group
10. Audit Rights: Controller's rights to verify compliance, considering the intra-group nature of the relationship
11. Term and Termination: Duration of the agreement and termination provisions
12. Data Return and Deletion: Requirements for handling personal data upon termination
13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Cross-border Transfers: Required if personal data will be transferred outside of Hong Kong, specifying transfer mechanisms and safeguards
2. Group Data Protection Standards: Optional section referring to internal group policies and standards for data protection
3. Cost Allocation: Optional section for specifying any inter-company charges for processing services
4. Insurance: Optional section for specifying insurance requirements, though less common in intra-group agreements
5. Force Majeure: Optional clause defining circumstances beyond parties' control, though less formal in intra-group context
6. Relationship with Other Group Agreements: Optional section clarifying interaction with other intra-group agreements
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect personal data
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors within or outside the group
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable
5. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix B - Standard Forms: Templates for routine matters such as sub-processor approval requests, audit notifications, etc.
Find the exact document you need
Intercompany Management Fees Agreement
Hong Kong-governed agreement establishing terms for management services provision between related companies, including fee structures and transfer pricing compliance.
Download
Intercompany Recharge Agreement
A Hong Kong law-governed agreement setting out terms for intercompany cost and service charges within a corporate group, ensuring compliance with local transfer pricing regulations.
Download
Intercompany Data Processing Agreement
Hong Kong law-governed agreement regulating personal data processing activities between affiliated companies within the same corporate group, ensuring PDPO compliance.
Download
Intercompany Cost Plus Agreement
A Hong Kong-law agreement governing the provision of services between related entities on a cost-plus pricing basis, ensuring transfer pricing compliance.
Download
Intercompany Settlement Agreement
A Hong Kong law-governed agreement establishing settlement processes and financial arrangements between related companies within the same corporate group.
Download
Intercompany Service Agreement
Hong Kong-governed agreement for regulating service provision between related companies within the same corporate group, ensuring regulatory compliance and operational efficiency.
Download
Intercompany Loan Agreement
A Hong Kong law-governed agreement establishing loan arrangements between related companies within the same corporate group, including key financial terms and regulatory compliance provisions.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)