Intra Group Data Protection Agreement Template for United States

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Key Requirements PROMPT example:

Intra Group Data Protection Agreement

"I need an Intra Group Data Protection Agreement for our healthcare technology company with subsidiaries in California, Texas, and New York, ensuring HIPAA compliance and addressing state-specific privacy requirements, to be implemented by March 2025."

Document background
The Intra Group Data Protection Agreement (IGDPA) is essential for organizations with multiple entities that share personal data within their corporate structure. This agreement, governed by U.S. law, establishes a framework for compliant data transfers between group companies, addressing both federal and state-specific privacy requirements. It's particularly crucial given the complex landscape of U.S. privacy regulations and the increasing focus on data protection compliance. The IGDPA defines responsibilities, security standards, and procedures for data handling, ensuring consistent protection across the organization while facilitating necessary business operations.
Suggested Sections

1. Parties: Identification of all group entities participating in the data sharing agreement

2. Background: Context of the agreement and explanation of the group's data sharing needs

3. Definitions: Key terms including Personal Data, Processing, Controller, Processor, etc.

4. Scope and Purpose: Defines the types of data covered and permitted purposes for processing

5. Data Protection Principles: Core principles for data processing within the group

6. Rights and Obligations: Responsibilities of each party regarding data protection

7. Security Measures: Required technical and organizational measures

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

9. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Cross-Border Transfers: Rules for international data transfers when group includes entities in different countries

2. Sub-processing: Rules for engaging third-party processors when third-party processing is anticipated

3. Industry-Specific Provisions: Additional requirements for specific sectors when operating in regulated industries (healthcare, finance)

Suggested Schedules

1. Schedule 1: Categories of Data: Detailed list of data types being processed

2. Schedule 2: Processing Activities: Description of specific processing operations

3. Schedule 3: Security Measures: Detailed technical and organizational measures

4. Schedule 4: Transfer Mechanisms: Details of cross-border transfer arrangements

5. Schedule 5: Participating Entities: List of group companies and their roles

6. Appendix A: Data Subject Rights Procedure: Process for handling data subject requests

7. Appendix B: Breach Response Plan: Detailed incident response procedures

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
Industries

FTC Act: Federal Trade Commission Act, particularly Section 5, governing unfair or deceptive practices and establishing FTC's privacy and data security enforcement authority

HIPAA: Health Insurance Portability and Accountability Act - Federal law governing protection of medical information and health data

GLBA: Gramm-Leach-Bliley Act - Federal law governing collection, disclosure, and protection of consumers' personal financial information

COPPA: Children's Online Privacy Protection Act - Federal law imposing requirements on operators of websites or online services directed to children under 13 years of age

FCRA: Fair Credit Reporting Act - Federal law regulating the collection, dissemination, and use of consumer credit information

CCPA: California Consumer Privacy Act - Comprehensive state privacy law providing California residents with rights over their personal information

CPRA: California Privacy Rights Act - Amends and expands CCPA, introducing additional privacy rights and obligations

VCDPA: Virginia Consumer Data Protection Act - Comprehensive privacy law providing Virginia residents with data protection rights

CPA: Colorado Privacy Act - State law establishing privacy rights for Colorado residents and obligations for businesses processing their personal data

UCPA: Utah Consumer Privacy Act - State privacy law providing Utah residents with certain rights regarding their personal data

CTDPA: Connecticut Data Privacy Act - State law establishing privacy rights for Connecticut residents and requirements for businesses

GDPR: General Data Protection Regulation - EU regulation that may apply if company handles EU residents' data or has EU operations

NIST: NIST Cybersecurity Framework - Voluntary framework of computer security guidance for organizations to assess and improve their ability to prevent, detect, and respond to cyber attacks

ISO 27001: International standard for information security management systems (ISMS), providing requirements for establishing, implementing, maintaining and continually improving an ISMS

SOC 2: Service Organization Control 2 - Audit protocol defining criteria for managing customer data based on five trust service principles

State Data Breach Laws: Various state-specific laws requiring notification of security breaches involving personal information, with different requirements per state

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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