Intercompany Data Sharing Agreement for Malta

Intercompany Data Sharing Agreement Template for Malta

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Intercompany Data Sharing Agreement

"I need an Intercompany Data Sharing Agreement under Maltese law for sharing customer and transaction data between our Malta-based parent company and three EU subsidiaries, with specific provisions for financial services compliance and automated data transfer mechanisms."

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What is a Intercompany Data Sharing Agreement?

The Intercompany Data Sharing Agreement is essential for organizations operating in Malta that need to share data between affiliated entities while maintaining compliance with both EU and Maltese data protection laws. This document becomes necessary when companies within the same group need to establish formal arrangements for sharing customer data, employee information, business intelligence, or other sensitive data. It addresses key requirements under the GDPR, the Maltese Data Protection Act, and related regulations, while providing practical mechanisms for data transfer and protection. The agreement is particularly important given Malta's position as an EU member state and its role as a hub for international businesses, especially in the financial services and technology sectors.

What sections should be included in a Intercompany Data Sharing Agreement?

1. Parties: Identification of the companies entering into the agreement, including registration details and registered offices

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and data categories

4. Scope and Purpose: Detailed description of the data sharing activities and their legitimate business purposes

5. Data Protection Compliance: Obligations of parties under GDPR and Maltese data protection laws, including roles as controllers/processors

6. Data Security Measures: Security requirements and standards for data protection, including technical and organizational measures

7. Data Transfer Mechanisms: Procedures and safeguards for transferring data between parties

8. Confidentiality Obligations: Confidentiality requirements and restrictions on data use

9. Breach Notification: Procedures for handling and notifying data breaches

10. Audit Rights: Rights and procedures for auditing compliance with the agreement

11. Term and Termination: Duration of the agreement and termination provisions

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

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

What sections are optional to include in a Intercompany Data Sharing Agreement?

1. Sub-processing: Required if either party will use sub-processors for data processing activities

2. International Transfers: Required if data will be transferred outside the EU/EEA

3. Special Categories of Data: Required if sensitive personal data will be shared

4. Data Protection Impact Assessment: Required for high-risk processing activities

5. Intellectual Property Rights: Required if shared data includes or generates intellectual property

6. Insurance Requirements: Required for high-value or high-risk data sharing arrangements

7. Business Continuity: Required for critical data sharing operations

8. Change Control: Required for agreements where frequent updates to data sharing arrangements are expected

What schedules should be included in a Intercompany Data Sharing Agreement?

1. Schedule 1 - Data Categories and Purposes: Detailed list of data categories being shared and specific purposes for each

2. Schedule 2 - Technical and Security Measures: Detailed technical specifications for data security and transfer mechanisms

3. Schedule 3 - Contact Points and Escalation Procedure: Key contacts and procedures for operational and emergency communications

4. Schedule 4 - Processing Activities Register: Detailed record of processing activities as required by GDPR Article 30

5. Schedule 5 - Sub-processors List: List of approved sub-processors if applicable

6. Schedule 6 - Data Retention Periods: Specific retention periods for different categories of data

7. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses if required for international transfers

8. Appendix B - Security Breach Response Plan: Detailed procedures for handling data security 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

Relevant legal definitions
Relevant Industries

Financial Services

Technology

Healthcare

Professional Services

Manufacturing

Retail

Telecommunications

Insurance

Banking

Pharmaceuticals

Energy

Transportation

E-commerce

Education

Real Estate

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Risk Management

Operations

Corporate Governance

Privacy

Systems Administration

Internal Audit

Technical Operations

Corporate Affairs

Regulatory Affairs

Relevant Roles

Chief Legal Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Compliance Manager

IT Director

Chief Technology Officer

Risk Manager

Legal Counsel

Information Security Manager

Corporate Counsel

Chief Privacy Officer

Operations Director

Group Company Secretary

Chief Compliance 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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