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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."
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
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
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
Agreement
Australian Privacy Principles
Authorised Purpose
Authorised Recipients
Business Day
Business Hours
Commencement Date
Confidential Information
Data
Data Access Methods
Data Breach
Data Controller
Data Processor
Data Protection Laws
Data Security Requirements
Data Sharing Activities
Data Subject
Derived Data
Disclosing Party
Effective Date
Force Majeure Event
Group Company
Intellectual Property Rights
Law
Notifiable Data Breach
Personal Information
Privacy Act
Privacy Laws
Processing
Receiving Party
Related Body Corporate
Representatives
Security Standards
Sensitive Information
Services
Shared Data
Special Categories of Personal Information
Technical Requirements
Term
Third Party
Third Party Recipients
Transfer Mechanisms
Transmission Methods
Definitions
Term and Termination
Data Sharing Scope
Data Protection
Privacy Compliance
Security Requirements
Access Rights
Confidentiality
Data Transfer
Data Quality
Breach Notification
Audit Rights
Service Levels
Risk Allocation
Liability
Indemnification
Insurance
Force Majeure
Dispute Resolution
Governing Law
Assignment
Variation
Notice
Severability
Entire Agreement
Costs
Counterparts
Competition Law Compliance
Cross-Border Transfer
Business Continuity
Regulatory Compliance
Third Party Rights
Warranties
Intellectual Property
Reporting Requirements
Exit Management
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
Legal
Compliance
Information Security
IT
Data Governance
Risk Management
Privacy
Corporate Affairs
Operations
Information Management
Data Analytics
Enterprise Architecture
Technology
Regulatory Affairs
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
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