The Intercompany Data Transfer Agreement is essential when companies need to share personal data between different legal entities within their corporate structure. This document becomes necessary when organizations operate across multiple jurisdictions within the United States or internationally and need to ensure compliant data transfers. It addresses requirements under US federal and state privacy laws, including CCPA, HIPAA, and other sector-specific regulations, while also considering international data protection requirements where applicable. The agreement provides a framework for maintaining data protection standards and defining responsibilities between affiliated companies.
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1. Parties: Identification of the data exporter and data importer companies, including registration details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement including 'Personal Data', 'Processing', 'Transfer', etc.
4. Subject Matter and Purpose: Details of data transfers, including categories of data and purposes of processing
5. Data Protection Obligations: Core obligations regarding data handling, security measures, and compliance requirements
6. Security Measures: Technical and organizational measures for data protection
7. Data Breach Notification: Procedures for handling and reporting data breaches
8. Term and Termination: Duration of agreement and termination conditions
1. Cross-Border Transfer Mechanisms: Specific provisions for international transfers when data is transferred outside the US
2. Sub-processing: Rules for engaging sub-processors when third-party processing is anticipated
3. Industry-Specific Provisions: Additional requirements for specific sectors when handling regulated data (healthcare, financial, etc.)
1. Schedule 1 - Details of Processing: Detailed description of data transfers, categories, purposes
2. Schedule 2 - Security Measures: Detailed technical and organizational measures
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors (if applicable)
4. Appendix A - Standard Contractual Clauses: SCCs if required for international transfers
5. Appendix B - Data Processing Agreement: Detailed processing terms if required by applicable law
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Intercompany Data Transfer Agreement
A US-governed agreement establishing terms for transferring personal data between entities within the same corporate group.
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