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This document is essential for corporate groups operating in Malaysia that share and process personal data between different group entities. The Intra Group Data Processing Agreement is specifically designed to comply with the Malaysian Personal Data Protection Act 2010 (PDPA) and related regulations, establishing a formal framework for data processing activities within the corporate group. It becomes necessary when one group entity processes personal data on behalf of another group entity, defining their respective roles as data controller and data processor. The agreement covers crucial aspects such as data security measures, breach notification procedures, audit rights, and compliance requirements. It's particularly important for organizations with shared services centers or centralized data processing operations, ensuring consistent data protection standards across the group while meeting Malaysian regulatory requirements.

1. Parties: Identification of the group entities involved - Data Controller and Data Processor entities

2. Background: Context of the agreement, relationship between the parties, and purpose of the data processing arrangement

3. Definitions: Key terms used in the agreement, including those from PDPA 2010 and specific processing terminology

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their specific purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with instructions

6. Obligations of the Data Controller: Responsibilities of the controller including providing clear instructions and ensuring lawful processing

7. Data Security: Security measures required to protect personal data during processing

8. Confidentiality: Confidentiality obligations for all personnel handling the data

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

11. Personal Data Breach: Procedures for handling and reporting data breaches

12. Audit Rights: Controller's rights to audit processor's compliance

13. Term and Termination: Duration of the agreement and termination provisions

14. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction