Intercompany Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Intercompany Data Sharing Agreement

"I need an Intercompany Data Sharing Agreement for our Philippine parent company to share customer and financial data with our three local subsidiaries, compliant with the Data Privacy Act, to be implemented by March 2025."

Document background
This Intercompany Data Sharing Agreement is essential for organizations operating multiple entities in the Philippines that need to share data within their corporate structure. It becomes necessary when companies within the same group need to transfer, process, or access each other's data while maintaining compliance with the Philippine Data Privacy Act of 2012 and its Implementing Rules and Regulations. The agreement covers crucial elements such as data protection measures, privacy compliance, security protocols, and risk management procedures. It is particularly relevant in today's business environment where companies increasingly rely on shared services models and integrated operations. The document ensures that all parties understand their obligations regarding data protection, confidentiality, and the technical requirements for secure data sharing while maintaining compliance with Philippine regulatory requirements.
Suggested Sections

1. Parties: Identification of the data sharing parties, including their legal names, registration details, and principal places of business

2. Background: Context of the data sharing relationship, business purpose, and general intent of the parties

3. Definitions: Detailed definitions of key terms used in the agreement, including technical terms, data categories, and regulatory references

4. Purpose and Scope: Specific purposes for which data will be shared and the scope of sharing activities

5. Data Categories and Processing Activities: Detailed description of the types of data to be shared and how it will be processed

6. Rights and Obligations of Parties: Specific responsibilities and rights of each party in relation to data sharing and protection

7. Data Protection and Security Measures: Required security measures, protocols, and standards for protecting shared data

8. Confidentiality Obligations: Provisions regarding the confidential treatment of shared data and any business information

9. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with their rights under the Data Privacy Act

10. Breach Notification and Management: Procedures for reporting and managing data breaches or security incidents

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

12. Return or Destruction of Data: Procedures for handling shared data upon termination of the agreement

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

14. General Provisions: Standard contractual provisions including amendments, severability, and entire agreement

Optional Sections

1. Cross-Border Data Transfers: Required when data sharing involves transfers outside the Philippines, specifying compliance with international data transfer requirements

2. Audit Rights: Detailed audit provisions when regular compliance verification is needed between parties

3. Subprocessing: Required when either party may engage subprocessors to handle the shared data

4. Insurance Requirements: Specific insurance obligations when dealing with high-risk or sensitive data sharing

5. Business Continuity and Disaster Recovery: Required for critical data sharing operations that need continuous availability

6. Cost Allocation: Needed when there are significant costs associated with the data sharing arrangement that need to be allocated between parties

7. Special Industry Requirements: Required for regulated industries with specific compliance obligations

Suggested Schedules

1. Schedule 1 - Data Categories and Processing Activities: Detailed matrix of data types, processing purposes, and handling requirements

2. Schedule 2 - Technical and Security Requirements: Specific technical standards, security protocols, and implementation requirements

3. Schedule 3 - Service Levels: Performance metrics, availability requirements, and response times for data sharing activities

4. Schedule 4 - Contact Points and Escalation Procedure: List of key contacts and detailed escalation procedures for various scenarios

5. Schedule 5 - Data Transfer Methods: Approved methods and protocols for transferring data between parties

6. Appendix A - Standard Contractual Clauses: Required clauses for compliance with data protection regulations, especially for international transfers

7. Appendix B - Data Processing Agreement: Detailed terms for data processing activities as required by the Data Privacy Act

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

Telecommunications

Manufacturing

Retail

Business Process Outsourcing

Insurance

Banking

E-commerce

Professional Services

Real Estate

Pharmaceutical

Logistics

Energy

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Corporate Governance

Operations

Privacy

Systems Administration

Data Governance

Regulatory Affairs

Internal Audit

Corporate Secretariat

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Chief Technology Officer

Risk Manager

Information Security Manager

Corporate Secretary

Operations Director

Chief Legal Officer

Data Governance Manager

Head of Compliance

Privacy Manager

Chief Operating Officer

Systems Administrator

Database Manager

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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