A significant challenge for data processing within different corporate groups is that there is no so-called “group privilege” in data protection law. This means that if personal data is transferred to a third party, i.e., outside the company itself, it does not matter whether this third party is a third party or a company within the group structure.
The GDPR provides some relief in group data protection for data transfers based on a legitimate interest of the companies involved. According to Recital 48 of the GDPR, data controllers that are part of a group of companies may have a legitimate interest in transferring personal data within this group for internal administrative purposes. Due to the lack of group privilege in the area of data protection, it is important to ensure that a legal basis exists for any intra-group exchange of personal data. Our experienced data protection consultants will be happy to help you implement data transfers within the corporate group that comply with data protection requirements.