Intra Group Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Intra Group Data Sharing Agreement

"I need an Intra Group Data Sharing Agreement for our Philippine banking group's expansion in January 2025, covering data sharing between our Manila headquarters and five new regional subsidiaries, with specific provisions for financial data protection and real-time customer data access."

Document background
The Intra Group Data Sharing Agreement is essential for organizations operating multiple entities within the Philippines or having Philippine entities sharing data with international group companies. This document becomes necessary when group entities need to share personal data, customer information, employee data, or other sensitive information while maintaining compliance with the Data Privacy Act of 2012 and related Philippine regulations. It establishes clear protocols for data sharing, defines security standards, and allocates responsibilities among group entities. The agreement is particularly crucial for multinational companies with Philippine operations, as it bridges local compliance requirements with global data sharing needs. This document should be implemented before any systematic sharing of personal or sensitive data begins between group entities, and should be reviewed periodically to ensure continued compliance with evolving data protection regulations.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined by Philippine data protection laws

4. Purpose and Scope: Detailed description of the purposes for data sharing and scope of data to be shared

5. Data Protection Principles: Commitment to comply with data protection principles under Philippine law

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

7. Security Measures: Technical and organizational measures to protect shared data

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

9. Confidentiality: Obligations regarding confidentiality of shared data

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

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

Optional Sections

1. Cross-Border Data Transfers: Required if data will be transferred outside the Philippines

2. Sector-Specific Requirements: Additional provisions for regulated sectors (e.g., banking, healthcare)

3. Audit Rights: Provisions for conducting compliance audits

4. Data Subject Rights Management: Procedures for handling data subject requests across group entities

5. Insurance and Liability: Specific provisions on insurance requirements and liability allocation

6. Business Continuity: Provisions for ensuring continuous data availability and disaster recovery

7. Cost Allocation: Distribution of costs related to data sharing infrastructure and compliance

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be shared

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

3. Schedule 3 - Data Transfer Mechanisms: Details of how data will be transferred between parties

4. Schedule 4 - Contact Points: List of key contacts for operational and emergency matters

5. Schedule 5 - Processing Activities: Detailed description of processing activities and purposes

6. Appendix A - Data Protection Impact Assessment: Assessment of risks and mitigation measures

7. Appendix B - Standard Operating Procedures: Operational procedures for data sharing activities

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

Banking and Financial Services

Healthcare

Insurance

Technology

Telecommunications

Manufacturing

Retail

Professional Services

Real Estate

Energy and Utilities

Education

Business Process Outsourcing

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Risk Management

Corporate Governance

Operations

Privacy

Regulatory Affairs

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

Chief Information Officer

Privacy Manager

Risk Manager

Corporate Secretary

General Counsel

IT Director

Chief Technology Officer

Operations Director

Group Data Manager

Regulatory Compliance Officer

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): The primary law governing personal data protection in the Philippines, establishing requirements for processing personal information, rights of data subjects, and obligations of personal information controllers and processors
National Privacy Commission's Implementing Rules and Regulations of the Data Privacy Act: Detailed guidelines and requirements for implementing the Data Privacy Act, including specific requirements for data sharing arrangements
Corporation Code of the Philippines (Batas Pambansa Blg. 68): Governs corporate relationships and transactions, including those between affiliated companies and intra-group arrangements
National Privacy Commission Circular No. 16-02: Guidelines on Data Sharing Agreements, providing specific requirements for data sharing arrangements between entities
Bank Secrecy Law (Republic Act No. 1405): Relevant if financial data is being shared, protecting the secrecy of bank deposits and transactions
Anti-Money Laundering Act (Republic Act No. 9160): Important for compliance in sharing financial data between group companies, especially if financial institutions are involved
Securities Regulation Code (Republic Act No. 8799): Relevant for listed companies and when sharing market-sensitive information between group entities
Electronic Commerce Act (Republic Act No. 8792): Governs electronic data transactions and may be relevant if data sharing involves electronic transfers and digital signatures
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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