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Intercompany Data Sharing Agreement

Intercompany Data Sharing Agreement Template for India

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Key Requirements PROMPT example:

Intercompany Data Sharing Agreement

"Need an Intercompany Data Sharing Agreement for our Indian IT company to share customer and operational data with our new subsidiary in Bangalore, ensuring compliance with Digital Personal Data Protection Act 2023 and including specific provisions for technical data security requirements."

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Document background
The Intercompany Data Sharing Agreement is essential for organizations operating in India that need to share data across their corporate structure while maintaining legal compliance and data security. This document becomes necessary when multiple entities within a corporate group need to exchange, process, or access shared data resources. It addresses requirements under Indian law, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and related regulations. The agreement typically includes detailed provisions for data handling, security protocols, breach notification procedures, and compliance requirements. It's particularly crucial for multinational corporations with Indian operations, as it helps navigate both domestic and international data protection requirements while facilitating efficient data sharing within the group structure.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement, including their registered addresses and company registration numbers

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

3. Definitions: Detailed definitions of key terms including types of data, processing activities, and technical terminology

4. Scope of Data Sharing: Specific details of what data will be shared, purposes of sharing, and permitted uses

5. Data Protection Obligations: Compliance requirements with Indian data protection laws, security measures, and data handling protocols

6. Rights and Responsibilities: Detailed obligations of each party regarding data handling, security, and compliance

7. Security Measures: Required technical and organizational security measures for data protection

8. Confidentiality: Provisions for maintaining confidentiality of shared data and business information

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

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

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

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Data Transfer: Required when data sharing involves transfer outside India, addressing compliance with FEMA and international data protection requirements

2. Data Subject Rights: Procedures for handling data subject requests, needed when sharing involves personal data

3. Audit Rights: Provisions for conducting audits of data handling practices, recommended for high-risk data sharing

4. Business Continuity: Procedures for ensuring continuous data availability, needed for critical business operations

5. Sub-processing: Rules for engaging third-party data processors, needed when external processing is anticipated

6. Exit Management: Detailed procedures for data handling upon termination, recommended for complex data sharing arrangements

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of data types and categories being shared

2. Schedule 2 - Technical and Security Specifications: Specific technical requirements and security protocols for data sharing

3. Schedule 3 - Data Processing Activities: Detailed description of permitted processing activities

4. Schedule 4 - Contact Points and Escalation Matrix: List of key contacts and escalation procedures for various scenarios

5. Appendix A - Data Transfer Methods: Technical specifications for data transfer mechanisms

6. Appendix B - Security Incident Response Plan: Detailed procedures for handling security incidents and breaches

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
Affiliate
Agreement
Applicable Law
Authorised Recipients
Business Purpose
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Security Breach
Data Sharing
Data Subject
Digital Personal Data
Effective Date
Group Company
Information Security
Intellectual Property Rights
Personal Data
Processing
Reasonable Security Practices
Receiving Party
Regulatory Authority
Sensitive Personal Data
Security Measures
Services
Sharing Period
Sub-processor
Technical Standards
Term
Third Party
Transfer
Transmitting Party
Unauthorized Access
Working Day
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

E-commerce

Telecommunications

Professional Services

Insurance

Banking

Pharmaceuticals

Retail

Automotive

Energy and Utilities

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Risk Management

Data Protection

Privacy

Corporate Governance

Operations

Information Management

Data Governance

Relevant Roles

Chief Legal Officer

Data Protection Officer

Chief Information Security Officer

Chief Technology Officer

Privacy Counsel

Compliance Manager

Information Security Manager

Legal Counsel

IT Director

Risk Manager

Corporate Counsel

Data Governance Manager

Chief Compliance Officer

Operations Director

Chief Privacy Officer

Industries
Information Technology Act, 2000: Primary legislation governing electronic data and its transfer in India, including provisions for data protection and cybersecurity
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Specific rules governing the collection, processing, transfer, and storage of sensitive personal data in India
Digital Personal Data Protection Act, 2023: New comprehensive data protection law in India that establishes framework for personal data processing and imposes obligations on data fiduciaries
Companies Act, 2013: Governs intercompany transactions and related party dealings, ensuring transparency and compliance in business operations between related entities
Competition Act, 2002: Ensures that data sharing between group companies doesn't lead to anti-competitive practices or abuse of dominant position
Indian Contract Act, 1872: Fundamental law governing contract formation and enforcement in India, providing the basic framework for the agreement
Foreign Exchange Management Act, 1999: Relevant for cross-border data transfers and international intercompany arrangements involving Indian entities
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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