Intra Group Agreement Data Protection Template for India

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Key Requirements PROMPT example:

Intra Group Agreement Data Protection

"Need an Intra Group Agreement Data Protection for our technology group with subsidiaries in Mumbai, Bangalore, and Hyderabad, with specific focus on cloud data processing and AI development activities, to be implemented by March 2025."

Document background
The Intra Group Agreement Data Protection is essential for corporate groups operating in India to establish a formal framework for data protection compliance across their organization. This agreement becomes necessary when multiple group entities share, process, or transfer personal data between them, requiring alignment with India's Digital Personal Data Protection Act 2023 and related regulations. It addresses key compliance requirements including data processing principles, security measures, breach notification procedures, and data subject rights management. The agreement is particularly important following the introduction of India's new data protection regime, which imposes strict obligations on organizations handling personal data. It helps standardize data protection practices across the group while maintaining compliance with Indian law, reducing regulatory risks, and ensuring consistent data handling practices.
Suggested Sections

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

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

3. Definitions: Detailed definitions of terms used in the agreement, aligned with DPDP Act 2023 terminology

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

5. Roles and Responsibilities: Clarifies whether parties act as data fiduciaries or data processors, and their respective obligations

6. Data Protection Principles: Core principles governing the processing of personal data within the group

7. Legal Basis for Processing: Establishes the legal grounds for processing and sharing personal data within the group

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under DPDP Act 2023

9. Security Measures: Technical and organizational measures required to protect personal data

10. Data Breach Notification: Procedures for reporting and managing data breaches within the group

11. Audit and Compliance: Framework for monitoring and ensuring compliance with the agreement

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

13. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside India, specifying compliance with data localization requirements

2. Industry-Specific Requirements: Include when parties operate in regulated sectors like banking or healthcare

3. Sub-processing: Required when any party intends to use sub-processors for data processing activities

4. Joint Controller Arrangements: Include when multiple entities jointly determine processing purposes

5. Data Protection Impact Assessments: Required for high-risk processing activities

6. Special Categories of Data: Include when sensitive personal data is being processed

7. Technology-Specific Provisions: Required when specific technologies or platforms are used for data processing

Suggested Schedules

1. Schedule 1 - Data Processing Activities: Detailed description of processing activities, categories of data subjects and personal data

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by each party

3. Schedule 3 - Data Transfer Map: Map of data flows between group entities and processing locations

4. Schedule 4 - Contact Points: List of key contacts for data protection matters at each entity

5. Schedule 5 - Sub-processors: List of approved sub-processors and their processing activities

6. Appendix A - Security Breach Response Plan: Detailed procedures for managing and reporting data breaches

7. Appendix B - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

E-commerce

Insurance

Pharmaceuticals

Business Process Outsourcing

Banking

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Corporate Governance

Information Management

Operations

Internal Audit

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Risk Officer

IT Director

Chief Technology Officer

Group General Counsel

Data Governance Manager

Corporate Secretary

Chief Operating Officer

Chief Legal Officer

Industries
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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