Intra Group Data Sharing Agreement Template for Germany

The Intra Group Data Sharing Agreement is essential for corporate groups operating in or from Germany that need to share personal data between different group entities. This document becomes necessary when multiple group entities process personal data, either as controllers or processors, and need a formal framework to ensure compliance with data protection regulations. The agreement addresses requirements under both the GDPR and German data protection laws, particularly the Federal Data Protection Act (BDSG). It includes comprehensive provisions for data handling, security measures, data subject rights, and breach management. The document is particularly important for groups with international operations, as it can incorporate necessary safeguards for international data transfers. The agreement should be updated whenever there are significant changes in data processing activities, group structure, or regulatory requirements.

1. Parties: Identification of the group companies participating in the data sharing arrangement

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

3. Definitions: Definitions of key terms used throughout the agreement, including data protection specific terminology

4. Scope and Purpose: Detailed description of the data sharing activities covered and their business purposes

5. Roles and Responsibilities: Definition of each party's role (controller/processor) and their respective responsibilities

6. Legal Basis for Processing: Specification of the legal grounds for data sharing under GDPR and German law

7. Data Protection Principles: Commitment to comply with core data protection principles under GDPR and BDSG

8. Security Measures: Technical and organizational measures required for data protection

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

10. Confidentiality: Confidentiality obligations regarding shared data

11. Breach Notification: Procedures for handling and reporting data breaches

12. Audit Rights: Rights and procedures for conducting compliance audits

13. Term and Termination: Duration of the agreement and termination provisions

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

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.