Intra Group Data Sharing Agreement for Malta

Intra Group Data Sharing Agreement Template for Malta

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Intra Group Data Sharing Agreement

"I need an Intra Group Data Sharing Agreement for our Malta-based financial services group that covers data sharing between our parent company and five subsidiaries across the EU, including provisions for international transfers and automated processing, to be implemented by March 2025."

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What is a Intra Group Data Sharing Agreement?

This Intra Group Data Sharing Agreement is essential for corporate groups operating in or from Malta who need to share personal data between their various entities. The agreement becomes necessary when group companies regularly exchange personal data as part of their business operations, requiring a formal framework to ensure compliance with the GDPR and Maltese data protection laws. It is particularly relevant when group entities act as both data controllers and processors, or when data is transferred across borders. The document addresses key requirements under Maltese law while incorporating EU-wide data protection standards, making it suitable for both local and international group structures. It includes comprehensive provisions for data protection, transfer mechanisms, and compliance procedures, while maintaining flexibility to accommodate group-specific operational needs.

What sections should be included in a Intra Group Data Sharing Agreement?

1. Parties: Identification of the group companies participating in the data sharing arrangement

2. Background: Context of the agreement and relationship between the group entities

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

4. Purpose and Scope: Detailed description of the purposes for data sharing and types of data covered

5. Roles and Responsibilities: Definition of each party's role (controller/processor) and their specific responsibilities

6. Legal Basis for Processing: Identification of the legal grounds for data processing and sharing

7. Data Protection Principles: Commitment to GDPR principles and how they will be upheld

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

9. Security Measures: Technical and organizational measures for data protection

10. Data Breach Notification: Procedures for handling and reporting data breaches

11. Confidentiality: Obligations regarding confidentiality of shared data

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

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

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

1. International Data Transfers: Required if data will be transferred outside the EEA within the group

2. Joint Controller Arrangements: Required when parties act as joint controllers for certain processing activities

3. Sub-processing: Include when processors may engage sub-processors

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

5. Group Data Protection Officer: Include if there is a group-wide DPO role

6. Insurance and Liability: Optional section for specific liability arrangements between group entities

7. Cost Allocation: Include if there are specific cost-sharing arrangements for data protection measures

What schedules should be included in a Intra Group Data Sharing Agreement?

1. Schedule 1 - Categories of Data: Detailed list of personal data categories being shared

2. Schedule 2 - Processing Activities: Description of specific processing activities carried out

3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by all parties

4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms for international data flows

5. Schedule 5 - Contact Points: List of key contacts for data protection matters at each entity

6. Appendix A - Standard Forms: Template forms for data breach reporting, subject access requests etc.

7. Appendix B - Group Structure Chart: Diagram showing relationships between participating group entities

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

Healthcare

Technology

Professional Services

Manufacturing

Retail

Insurance

Telecommunications

Education

Hospitality

Transportation

Energy

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Corporate Governance

Operations

Privacy

Information Management

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Chief Legal Officer

Risk Manager

IT Director

Operations Director

Group CEO

Corporate Secretary

Privacy Manager

Group Compliance Officer

Data Protection Coordinator

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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