Intra Group Agreement Data Protection Template for Austria

The Intra Group Agreement Data Protection is essential for corporate groups operating in or from Austria who need to establish a formal framework for internal data processing and transfers. This agreement becomes necessary when multiple entities within a corporate group share personal data, whether as controllers or processors, and need to ensure compliance with the GDPR and Austrian Data Protection Act. It addresses key requirements including data protection principles, security measures, breach notification procedures, and data subject rights. The document is particularly crucial for groups with European operations, as it helps demonstrate compliance with data protection regulations while facilitating efficient data flows within the group. The agreement should be updated periodically to reflect changes in data protection laws, group structure, or processing activities.

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

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

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose: Details of the data processing activities covered by the agreement and their legitimate purposes

5. Roles and Responsibilities: Clear designation of controllers, processors, and joint controllers within the group

6. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, data minimization

7. Legal Basis for Processing: Specification of the legal grounds for data processing and transfer within the group

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

9. Security Measures: Technical and organizational measures required to ensure data security

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

11. Audit and Compliance: Rights and procedures for monitoring compliance with the agreement

12. Liability and Indemnification: Allocation of liability between group companies and indemnification provisions

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

14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes