Intercompany Data Sharing Agreement

A small, relatively static group of companies could carry out an intergovernmental agreement operation in the usual way, without special provisions for accession. However, groups change over time, and most groups will want to incorporate a mechanism that allows new companies joining the group to become parties to the IGA. One way to achieve this is to provide some form of membership agreement that a company meets the qualification criteria (e.g. B a subsidiary of an existing party) may sign to become a party. The lead Party or, in some cases, all other Parties may also sign any accession agreement. A data sharing agreement is an agreement between a party that has useful data (the discloser) and a party that seeks data for research (the recipient) under which the discloser agrees to share its data with the recipient. This could be two universities willing to share data to collaborate on research, one or more private companies engaged in research or development, and even a government agency working with a private institution. 9 APPLICABLE LAW The clauses are governed by the law of the Member State in which the data exporter is established.10 MODIFICATION OF THE CONTRACT The parties undertake not to modify or amend the clauses. This does not prevent the parties from adding clauses on matters related to the cases if necessary, provided that they do not contradict the clauses. 8 COOPERATION WITH SUPERVISORY AUTHORITIES 8.1 The data exporter undertakes to deposit a copy of this contract with the supervisory authority if the supervisory authority so requests or if such deposit is required by applicable data protection law.8.2 The parties agree that the supervisory authority has the right to carry out an audit of the data importer and any sub-processor.

which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.8.3 The data importer must immediately inform the data exporter of the existence of the legislation applicable to it or of a sub-processor preventing an audit of the data importer from being carried out, or sub-processors in accordance with paragraph 2. In such a case, the data exporter is entitled to take the measures provided for in clause 5(b). Countries in the Asia-Pacific region have made no real attempt to harmonize their national data protection laws on a regional basis. Countries that have adopted data protection laws will find that they are significantly different from the laws of their neighbors. But they have been working on solutions for cross-border data transfers, including in the framework of Asia-Pacific Economic Cooperation. In the absence of strong intellectual property rights that protect data and databases in the United States, data-sharing agreements work best when they are an integral part of a broader agreement between research partners. An individual data-sharing agreement is not intended to replace the broader agreement between partners, but to complement and support a specific aspect of the broader agreement. For an in-depth look at the role of a data sharing agreement within a large enterprise between research partners, see Data Sharing: Creating Agreements, Paige Backlund Jarquín MPH, Colorado Clinical and Translational Sciences Institute & Rocky Mountain Prevention Research Center. The exchange of data is particularly frequent between companies in a group structure, not only for communication purposes, but often also for strategic orientation and management from headquarters. The recommendation to conclude a data sharing agreement also applies to the sharing of data between companies in the same group. This can be a complex situation within a group of companies: there may be shared services with shared costs or a company that provides services to other members of the group.

For each aspect of the relationship, it is important to identify the status of the participants, controller or processor and to ensure that this is reflected in intercompany agreements. Other Latin American countries have for some time had data protection laws and requirements for international data transfers without reference to model clauses, such as Colombia and Mexico. In Mexico, international transfers of data must be authorized by the data subjects in the relevant privacy policy, an intra-group transfer necessary for the performance of a contract with the data subject, compliance with a legal obligation, enforcement of rights or the public interest. In Colombia, international transfers of data are prohibited unless the data subject gives his or her explicit consent, the transfer is necessary for the performance of a contract with the data subject or the transfer serves public interests. Under Colombian law, the transfer between a controller and a processor, or between two subcontractors who follow the same privacy policy, is a transfer of data, a controller to controller or a transfer, a controller to a processor. All transfers and transfers of data in Colombia must be documented in a data exchange agreement. Companies need to work together on this issue, separating compliance procurement, where their interests are broadly aligned, from procurement for the allocation of business risks, where their interests tend to be diametrically opposed. Data protection professionals need to take a holistic view and sympathize with each party`s position in the supply chain. It is in everyone`s interest to properly document technical and organisational measures, fulfil documentation obligations under data protection law, clarify obligations and avoid ambiguities that make amorphous allegations of negligence in the event of a security breach. Customers and service providers each need meaningful written instructions on the processing of personal data to keep the customer under control, and both parties can count on exceptions to transfer restrictions. Companies inside and outside the EEA need relevant information to document the impact assessments of the transfer, and companies located outside the EEA are better able to compile the relevant facts.

Firstly, in the case of transfers made on the basis of the controller to the processor, clauses corresponding to Article 28 of the GDPR must be included in the contract. In summary, they grant the controller various rights with regard to personal data, to the detriment of the processor. I was wondering if you could give me some advice on the exchange of personal data between a charity and a company under Community law (when the sole shareholder is the same charity). .