The Intra Group Data Processing Agreement is essential for corporate groups operating in New Zealand that share and process personal data between different entities within their organization. This document becomes necessary when one group entity processes personal data on behalf of another group entity, ensuring compliance with the New Zealand Privacy Act 2020 and establishing clear accountability and data protection standards. It is particularly important for multinational organizations with New Zealand operations or New Zealand-based companies with multiple subsidiaries, as it helps maintain consistent data protection practices across the group while meeting local regulatory requirements. The agreement covers crucial aspects such as data security measures, breach notification procedures, audit rights, and cross-border data transfer mechanisms within the group structure.
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1. Parties: Identification of the group companies entering into the agreement, including their registration details and roles (controller/processor)
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 specific privacy and data protection terminology
4. Scope and Purpose: Details of the data processing activities covered, including types of data, purposes, and processing operations
5. Obligations of the Data Controller: Responsibilities of the controlling entity, including providing instructions and ensuring legal basis for processing
6. Obligations of the Data Processor: Detailed processor obligations including security measures, confidentiality, and processing limitations
7. Sub-processing: Conditions and requirements for engaging other group entities as sub-processors
8. Data Security: Technical and organizational security measures required to protect the processed data
9. Data Breach Notification: Procedures for handling and reporting data breaches within the group
10. Audit Rights: Rights and procedures for conducting audits and inspections
11. Term and Termination: Duration of the agreement and termination provisions
12. Data Return and Deletion: Obligations regarding data handling upon termination
13. Governing Law and Jurisdiction: Specification of New Zealand law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when data will be transferred outside New Zealand, specifying transfer mechanisms and safeguards
2. Special Categories of Data: Include when processing sensitive personal information as defined in the Privacy Act 2020
3. Group Data Protection Standards: Include when implementing specific group-wide data protection policies and standards
4. Business Continuity: Include when specific business continuity and disaster recovery requirements are needed
5. Insurance Requirements: Include when specific insurance coverage for data processing activities is required
6. Costs and Charges: Include when there are specific cost allocations for data processing services between group entities
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data types, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect data
3. Schedule 3 - Approved Sub-processors: List of approved group entities that may act as sub-processors
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers within the group
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling data breaches and required notifications
6. Appendix A - Contact Details: Key contacts for data protection matters at each group entity
7. Appendix B - Standard Contractual Clauses: If required for international transfers, modified to reflect intra-group relationship
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