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Intra Group Data Transfer Agreement

Intra Group Data Transfer Agreement Template for Belgium

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Key Requirements PROMPT example:

Intra Group Data Transfer Agreement

"I need an Intra Group Data Transfer Agreement to cover the transfer of employee and customer data between our Belgian parent company and its French subsidiary, with planned implementation by March 2025."

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Document background
The Intra Group Data Transfer Agreement is essential for organizations operating across multiple jurisdictions that need to transfer personal data between group entities. This agreement, governed by Belgian law, is specifically designed to comply with the General Data Protection Regulation (GDPR) and Belgian data protection requirements. It becomes necessary when group entities need to share personal data for business operations, corporate functions, or shared services. The agreement covers crucial aspects such as data protection measures, breach notification procedures, audit rights, and data subject rights. It's particularly important for Belgian-based organizations or those with Belgian operations, as it incorporates specific requirements of Belgian data protection law while maintaining alignment with broader EU regulations.
Suggested Sections

1. Parties: Identification of the data exporter and data importer within the group, including their roles as controller/processor

2. Background: Context of the intra-group relationship and purpose of the data transfer agreement

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

4. Scope and Purpose: Details of the data transfers covered, including categories of data subjects and types of personal data

5. Roles and Responsibilities: Clear delineation of parties' roles as controllers/processors and their respective obligations

6. Data Protection Safeguards: Technical and organizational measures to ensure data security and protection

7. Transfer Mechanisms: Legal basis for transfers and compliance with GDPR transfer requirements

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

9. Security Breach Notification: Procedures for reporting and handling personal data breaches

10. Audit Rights: Provisions for monitoring and verifying compliance

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

12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Sub-processing: Include when sub-processors may be engaged by the receiving entity

2. Special Categories of Data: Include when sensitive personal data is being transferred

3. Data Protection Impact Assessment: Include when high-risk processing activities are involved

4. Group-wide Policies Reference: Include when referring to existing group data protection policies

5. Insurance Requirements: Include when specific insurance coverage is required for data protection

6. Business Continuity: Include when specific business continuity measures are needed

7. Cost Allocation: Include when costs related to data protection measures need to be allocated between parties

Suggested Schedules

1. Description of Transfer: Detailed description of data transfers, including data categories, purposes, and processing activities

2. Technical and Organizational Measures: Detailed security measures and controls implemented for data protection

3. Approved Sub-processors: List of pre-approved sub-processors and their roles

4. Data Processing Activities: Detailed register of processing activities covered by the agreement

5. Contact Points: List of key contacts for data protection matters and breach notification

6. Standard Contractual Clauses: If needed for transfers outside EEA, even within the group

7. Group Structure Chart: Overview of relevant group entities and their relationships

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
Agreement
Affiliate
Applicable Data Protection Laws
Belgian Data Protection Act
Breach Notification
Business Day
Controller
Data Exporter
Data Importer
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
Effective Date
GDPR
Group
Group Company
Information Security Incident
International Transfer
Local Data Protection Laws
Parent Company
Personal Data
Personal Data Breach
Processing
Processor
Professional Secrecy
Regulatory Authority
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Professional Services

Retail

Telecommunications

Insurance

Pharmaceuticals

Energy

Transportation

Education

Real Estate

Media and Entertainment

Relevant Teams

Legal

Compliance

Data Protection

Information Security

IT

Risk Management

Corporate Governance

International Operations

Privacy Office

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Director

Compliance Manager

Information Security Officer

Chief Legal Officer

Chief Privacy Officer

Chief Compliance Officer

General Counsel

IT Director

Risk Manager

Corporate Counsel

Privacy Manager

Data Protection Manager

International Business Manager

Group Operations Director

Industries
General Data Protection Regulation (GDPR): The fundamental EU regulation governing personal data processing and transfer, which applies directly in Belgium. Particularly relevant are Article 44-50 on data transfers and Chapter 4 on controller and processor obligations.
Belgian Data Protection Act of 30 July 2018: The national law implementing and supplementing GDPR in Belgium, providing specific national requirements for data processing and transfer.
Belgian Companies and Associations Code: Governs corporate relationships and intra-group transactions in Belgium, including requirements for related party transactions and corporate governance.
EU Standard Contractual Clauses (SCCs): Required for international data transfers outside the EEA, even within company groups, unless other transfer mechanisms are in place.
Belgian Civil Code: Provides the general framework for contract law in Belgium, including basic principles of contract formation and interpretation.
EU ePrivacy Directive (2002/58/EC): Specific rules for the processing of personal data in the electronic communications sector, as implemented in Belgian law.
Belgian Economic Law Code: Contains provisions on unfair contract terms and business practices that might be relevant for intra-group agreements.
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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