Intra Group Agreement Data Protection Template for Germany

This Intra Group Agreement Data Protection is essential for corporate groups operating in Germany that need to establish a unified approach to data protection compliance. The agreement becomes necessary when multiple group entities process personal data of employees, customers, or other data subjects, and need to ensure consistent standards across the organization. It addresses requirements under German data protection law, particularly the BDSG and GDPR, and is especially critical when data is shared between different group entities. The document includes detailed provisions for data transfer mechanisms, security measures, and compliance procedures, making it suitable for groups with both German and international operations. It serves as a binding internal regulation that demonstrates compliance with data protection requirements while facilitating efficient data processing within the group structure.

1. Parties: Identification of all group entities participating in the agreement, including their roles as controllers and/or processors

2. Background: Context of the agreement, group structure, and purpose of establishing unified data protection standards

3. Definitions: Key terms used in the agreement, aligned with GDPR and BDSG definitions

4. Scope and Purpose: Detailed description of data processing activities covered and purposes of processing within the group

5. Data Protection Principles: Implementation of GDPR principles including lawfulness, fairness, transparency, purpose limitation, data minimization

6. Roles and Responsibilities: Specific obligations of each group entity, including designation of data protection officers and representatives

7. Legal Basis for Processing: Specification of legal grounds for data processing and transfer within the group

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised

9. Security Measures: Technical and organizational measures for data protection

10. Data Breach Notification: Procedures for internal reporting and handling of data breaches

11. Training and Awareness: Requirements for staff training and maintaining data protection awareness

12. Audit and Compliance: Internal monitoring and compliance verification procedures

13. Term and Termination: Duration of the agreement and conditions for termination

14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction