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Intra Group Agreement Data Protection

Intra Group Agreement Data Protection Template for Hong Kong

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Key Requirements PROMPT example:

Intra Group Agreement Data Protection

"I need an Intra Group Agreement Data Protection for our Hong Kong-based financial services group with subsidiaries in Singapore and mainland China, ensuring compliance with PDPO and including specific provisions for cross-border data transfers between our entities, to be implemented by March 2025."

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Document background
This Intra Group Agreement Data Protection is essential for organizations with multiple entities operating in or from Hong Kong that share and process personal data within their corporate group. The agreement ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance (Cap. 486) and establishes uniform data protection standards across the group. It becomes particularly relevant when group entities need to transfer personal data between themselves, whether domestically or internationally. The document addresses key requirements under Hong Kong law while incorporating international best practices, making it suitable for groups with both local and international operations. It includes specific provisions for data security, breach notification, audit requirements, and data subject rights, tailored to the Hong Kong regulatory environment.
Suggested Sections

1. Parties: Identification of the group entities entering into the agreement, including their registration details and addresses

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

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

4. Scope and Purpose: Defines the scope of data processing activities covered and legitimate purposes for data sharing

5. Data Protection Principles: Implementation of PDPO's six data protection principles within the group context

6. Roles and Responsibilities: Designation of data controllers, processors, and specific responsibilities of each group entity

7. Data Security Measures: Mandatory security protocols and measures for protecting personal data

8. Data Transfer Mechanisms: Procedures and safeguards for transferring data between group entities

9. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with individual rights

10. Breach Notification: Internal procedures for reporting and managing data breaches

11. Audit and Compliance: Regular assessment and verification of compliance with the agreement

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

13. General Provisions: Standard clauses including governing law, dispute resolution, and amendment procedures

Optional Sections

1. Special Categories of Data: Additional provisions for handling sensitive personal data, required if such data is processed

2. Cross-Border Transfers: Specific provisions for international data transfers, needed if group entities are in different jurisdictions

3. Data Protection Officer: Appointment and duties of DPO, required if size or nature of processing requires formal DPO role

4. Industry-Specific Requirements: Additional requirements for regulated industries like financial services or healthcare

5. Sub-processing: Rules for engaging sub-processors, needed if third-party processing is anticipated

6. Data Localization Requirements: Specific provisions for jurisdictions with data localization laws

7. GDPR Compliance: Additional provisions ensuring GDPR compliance, required if EU data subjects are involved

Suggested Schedules

1. Schedule 1: Data Categories and Processing Activities: Detailed list of personal data categories and specific processing activities covered

2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by all parties

3. Schedule 3: Transfer Mechanisms: Technical specifications for data transfer methods and tools

4. Schedule 4: Contact Points: List of key contacts and responsible persons for each entity

5. Schedule 5: Sub-processors: List of approved sub-processors and their specific roles

6. Appendix A: Data Processing Impact Assessment: Template and results of data protection impact assessments

7. Appendix B: Breach Response Plan: Detailed procedures for handling data breaches

8. Appendix C: Audit Checklist: Standard checklist for internal compliance audits

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliated Company
Applicable Data Protection Laws
Authorized Personnel
Breach Notification
Business Day
Confidential Information
Consent
Controller Company
Cross-border Transfer
Data Access Request
Data Breach
Data Collection Statement
Data Correction Request
Data Export
Data Import
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Security Measures
Data Subject
Data Subject Rights
Data Transfer Agreement
Direct Marketing
Effective Date
Group Company
Group Data Protection Standards
Information Security Incident
Intra-Group Transfer
Personal Data
PDPO
Privacy Commissioner
Privacy Impact Assessment
Privacy Management Programme
Processor Company
Processing
Recipient Company
Restricted Transfer
Security Breach
Sensitive Personal Data
Service Provider
Sub-processor
Technical and Organizational Measures
Third Party
Transfer Mechanism
Transferring Company
Clauses
Definitions
Interpretation
Scope
Data Protection Obligations
Data Processing Requirements
Cross-Border Transfers
Security Measures
Confidentiality
Audit Rights
Breach Notification
Liability
Indemnification
Term and Termination
Assignment
Sub-processing
Data Subject Rights
Consent Management
Record Keeping
Direct Marketing
Force Majeure
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Warranties
Data Retention
Emergency Measures
Compliance Monitoring
Group Standards
Cost Allocation
Service Levels
Third Party Rights
Insurance
Relevant Industries

Financial Services

Technology

Healthcare

Retail

Manufacturing

Professional Services

Insurance

Telecommunications

Education

Real Estate

Logistics

Hospitality

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Privacy Office

Data Protection

Corporate Governance

Internal Audit

Information Governance

Technology Operations

Corporate Secretariat

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Chief Compliance Officer

Privacy Manager

Legal Counsel

Information Security Manager

Compliance Manager

Risk Officer

IT Director

Group Data Protection Coordinator

Privacy Analyst

Information Governance Manager

Chief Technology Officer

Head of Legal

Group Company Secretary

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Hong Kong's primary legislation governing the collection, holding, processing, and use of personal data. It sets out six data protection principles that form the basis of the regulatory framework.
PCPD Guidance on Data Transfer: Guidelines issued by the Privacy Commissioner for Personal Data on the transfer of personal data between different entities, including intra-group transfers.
PDPO (Amendment) Bill 2021: Recent amendments to the PDPO focusing on doxxing-related offenses, which may affect how personal information is handled within group companies.
PCPD Guidance on Data Protection by Design: Guidelines on implementing privacy and data protection measures in systems and processes from the design stage.
EU GDPR Compliance Considerations: While not Hong Kong legislation, GDPR compliance may be relevant if any group company handles EU residents' data or interacts with EU-based entities.
HKMA Circular on Data Protection: Specific guidelines for financial institutions in Hong Kong regarding data protection and cybersecurity measures.
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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