Intercompany Data Sharing Agreement Template for Australia

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Key Requirements PROMPT example:

Intercompany Data Sharing Agreement

"I need an Intercompany Data Sharing Agreement for sharing customer data between our Australian parent company and its three subsidiaries in the financial services sector, with specific provisions for handling credit card information and compliance with the Australian Privacy Principles."

Document background
The Intercompany Data Sharing Agreement is essential for organizations operating in Australia that need to share data between related corporate entities while maintaining compliance with Australian privacy and data protection laws. This document becomes necessary when companies within the same corporate group need to establish formal arrangements for sharing customer data, operational information, or other sensitive data sets. It includes comprehensive provisions addressing data protection, privacy compliance, security measures, and risk allocation, all aligned with Australian regulatory requirements including the Privacy Act 1988 and Australian Privacy Principles. The agreement is particularly relevant in the context of corporate group operations, digital transformation initiatives, and compliance with regulatory reporting requirements.
Suggested Sections

1. Parties: Identification of the data sharing parties, including registered company details and principal place of business

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms, data categories, and compliance-related terminology

4. Scope of Data Sharing: Clear description of what data will be shared, purposes of sharing, and any restrictions on use

5. Data Protection and Privacy Compliance: Obligations under the Privacy Act 1988 and Australian Privacy Principles, including data handling requirements

6. Security Requirements: Mandatory security measures, protocols, and standards for data protection

7. Access and Transfer Mechanisms: Procedures and technical requirements for data transfer and access

8. Confidentiality Obligations: Confidentiality requirements and restrictions on data disclosure

9. Data Breach Procedures: Mandatory procedures for handling and reporting data breaches

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Liability and Indemnities: Allocation of risks and responsibilities between parties

12. Dispute Resolution: Procedures for handling disputes between parties

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Cross-Border Data Transfers: Required if data will be transferred outside Australia, addressing compliance with international data transfer requirements

2. Data Monetization: Include if parties intend to commercialize shared data, addressing revenue sharing and usage rights

3. Industry-Specific Compliance: Required for regulated industries such as healthcare or financial services

4. Audit Rights: Optional provisions for conducting compliance audits

5. Data Quality Standards: Specific requirements for data quality and maintenance if critical to the sharing arrangement

6. Business Continuity: Required if data sharing is critical to business operations

7. Third Party Rights: Include if third parties have rights or obligations under the agreement

8. Competition Law Compliance: Required if data sharing could raise competition law concerns

Suggested Schedules

1. Schedule 1 - Data Categories and Purposes: Detailed listing of data types to be shared and specific purposes for each category

2. Schedule 2 - Technical Requirements: Technical specifications for data transfer, format, and security protocols

3. Schedule 3 - Security Standards: Detailed security requirements, including encryption standards and access controls

4. Schedule 4 - Fee Schedule: If applicable, details of any fees or cost-sharing arrangements

5. Schedule 5 - Service Levels: Performance metrics and service level requirements for data sharing

6. Schedule 6 - Contact Details: Key contacts for operational, technical, and legal matters

7. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for data breach incidents

8. Appendix B - Compliance Checklist: Checklist of privacy and security requirements for ongoing compliance monitoring

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Healthcare

Technology

Retail

Manufacturing

Professional Services

Telecommunications

Energy and Utilities

Insurance

Education

Transport and Logistics

Mining and Resources

Media and Entertainment

Real Estate

Relevant Teams

Legal

Compliance

Information Security

IT

Data Governance

Risk Management

Privacy

Corporate Affairs

Operations

Information Management

Data Analytics

Enterprise Architecture

Technology

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Chief Legal Officer

Chief Compliance Officer

IT Director

Data Governance Manager

Privacy Counsel

Information Security Manager

Risk Management Officer

Corporate Counsel

Compliance Manager

Business Operations Manager

Chief Technology Officer

Chief Operating Officer

Data Analytics Manager

Enterprise Architect

Information Management Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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