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Intra Group Data Transfer Agreement Template for England and Wales

An Intra Group Data Transfer Agreement is a legally binding document governed by the laws of England and Wales that establishes the framework for personal data transfers between entities within the same corporate group. It ensures compliance with UK GDPR, Data Protection Act 2018, and related data protection regulations. The agreement defines responsibilities, security measures, and compliance mechanisms for data transfers while maintaining consistent data protection standards across the group structure.

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What is a Intra Group Data Transfer Agreement?

The Intra Group Data Transfer Agreement is essential for corporate groups operating in or from the UK that need to transfer personal data between group entities. This agreement becomes necessary when organizations need to ensure compliance with UK GDPR and the Data Protection Act 2018, particularly for systematic data sharing within the group structure. It provides a comprehensive framework for data protection, covering aspects such as transfer mechanisms, security measures, and data subject rights, while ensuring accountability and consistent standards across the group.

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

1. Parties: Identification of all group entities participating in data transfers

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

3. Definitions: Key terms used throughout the agreement, including data protection specific terminology

4. Scope and Purpose: Details of data transfers covered and their business purposes

5. Data Protection Principles: Compliance with GDPR principles and data protection obligations

6. Transfer Mechanisms: Legal basis for transfers and compliance requirements

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

8. Data Subject Rights: Procedures for handling data subject requests

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

10. Term and Termination: Duration and termination provisions

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

1. Audit Rights: Additional provisions for compliance auditing between group entities

2. Sub-processing: Rules and requirements for engaging sub-processors within the group

3. Special Categories of Data: Additional safeguards and requirements for processing sensitive personal data

4. Cross-Border Transfers: Specific provisions for transfers outside UK/EEA jurisdictions

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

1. Description of Transfers: Detailed matrix of data flows between group entities

2. Security Measures: Technical and organizational measures in detail

3. Standard Contractual Clauses: Template SCCs for international transfers

4. Data Processing Details: Categories of data, purposes, retention periods

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

6. Contact Points: Key contacts for data protection matters within each group entity

What is an intra-group data transfer agreement?

An intra-group data transfer agreement is a legal contract between entities within the same corporate group, allowing them to share personal data across borders in compliance with data protection laws like the UK GDPR. It provides a framework for transferring data securely and lawfully, ensuring adequate safeguards are in place. This agreement is crucial for multinational companies operating in the UK, as it facilitates cross-border data flows while respecting individuals' privacy rights. The UK government and the provide guidance on intra-group data transfer agreements and their requirements.

Do you need a DPA for internal transfers within a corporate group?

The need for a Data Protection Agreement (DPA) for internal transfers within a corporate group depends on the specific circumstances. According to the , if the group entities are separate legal entities and the transfer involves personal data, a DPA may be required. However, if the entities are considered a single legal entity or if the transfer is covered by Binding Corporate Rules (BCRs), a DPA may not be necessary.

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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