This Intra Group Data Sharing Agreement is essential for corporate groups operating in or from the Netherlands who need to share data between their various entities. The agreement becomes necessary when multiple group companies need to access, process, or transfer data within the corporate structure, ensuring compliance with Dutch law and GDPR requirements. It is particularly relevant for groups with complex data sharing needs, multiple operating entities, or those handling sensitive personal data. The document includes comprehensive provisions for data protection, security measures, and compliance procedures, while addressing specific Dutch legal requirements and corporate group relationships. This agreement is crucial for establishing clear protocols for data sharing, defining responsibilities, and maintaining consistent data protection standards across the group structure.
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1. Parties: Identification of the group entities participating in the data sharing arrangement
2. Background: Context of the agreement, relationship between the parties, and purpose of data sharing
3. Definitions: Definitions of key terms used throughout the agreement, including GDPR-specific terminology
4. Purpose and Scope: Detailed description of the purposes for data sharing and scope of data processing activities
5. Roles and Responsibilities: Clear designation of roles (controllers/processors) and specific responsibilities of each party
6. Categories of Data and Data Subjects: Description of personal data types and categories of data subjects affected
7. Data Protection Principles: Commitment to GDPR principles and specific measures to ensure compliance
8. Security Measures: Technical and organizational measures required for data protection
9. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
10. Breach Notification: Procedures for reporting and handling personal data breaches
11. Confidentiality: Confidentiality obligations regarding shared data
12. Duration and Termination: Term of the agreement and termination provisions
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Transfers: Required when data sharing involves transfers outside the EU/EEA
2. Special Categories of Data: Required when sharing sensitive personal data or special categories under GDPR
3. Sub-processing: Needed when parties may engage sub-processors for data processing
4. Industry-Specific Requirements: Additional provisions for specific industry regulations (e.g., healthcare, financial services)
5. Joint Controller Arrangements: Required when parties act as joint controllers under GDPR
6. Audit Rights: Detailed audit provisions beyond standard compliance monitoring
7. Insurance Requirements: Specific insurance obligations for data protection risks
8. Cost Allocation: Specific provisions for sharing costs related to data protection measures
1. Schedule 1 - Data Processing Details: Detailed specification of data types, processing purposes, and retention periods
2. Schedule 2 - Technical and Organizational Measures: Detailed security and organizational measures for data protection
3. Schedule 3 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers if applicable
4. Schedule 4 - Contact Points: List of key contacts for operational matters and breach reporting
5. Schedule 5 - Sub-processors: List of approved sub-processors and processing activities
6. Appendix A - Data Flow Diagram: Visual representation of data flows between group entities
7. Appendix B - Security Standards: Detailed security standards and requirements
8. Appendix C - Breach Response Plan: Detailed procedures for handling data breaches
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