1. Purpose of the Agreement
This Data Sharing Agreement outlines the terms and conditions under which Organization A and Organization B will share data for the purpose of [Insert Purpose, e.g., joint research, service delivery, compliance, etc.]. The objective is to facilitate data exchange while ensuring compliance with applicable laws, safeguarding data integrity, and protecting the rights of individuals.
2. Definitions
Data: The specific datasets to be shared, defined in Appendix A, including [e.g., customer records, transaction data, anonymized survey data].
Confidential Information: Any data classified as private, sensitive, or restricted by the disclosing party.
Data Controller: The party responsible for determining the purposes and means of processing shared data.
Data Processor: The party responsible for processing the data on behalf of the Data Controller.
3. Data to Be Shared
Details of the data to be shared are listed in Appendix A, including:
- Type of Data: [E.g., customer information, financial records].
- Format: [E.g., CSV, JSON, database export].
- Frequency: [E.g., one-time transfer, daily sync, real-time API].
4. Legal and Regulatory Compliance
Both parties agree to comply with all applicable laws and regulations, including:
- General Data Protection Regulation (GDPR): For handling personal data of EU citizens.
- Health Insurance Portability and Accountability Act (HIPAA): For healthcare-related data (if applicable).
- [Include additional laws specific to your jurisdiction or industry.]
5. Data Security and Protection
- Access Controls: Data access will be restricted to authorized personnel only.
- Encryption: All data transfers will be encrypted using [Insert encryption standard, e.g., AES-256].
- Data Breach Notification: Both parties must notify each other within [Insert Timeframe, e.g., 72 hours] of any security breaches affecting the shared data.
6. Data Use and Retention
- Permitted Use: Shared data may only be used for the purposes outlined in this agreement.
- Prohibited Use: Shared data must not be sold, transferred to third parties, or used for unauthorized purposes.
- Retention Period: Data must be deleted or returned to the disclosing party upon expiration of this agreement or completion of the project.
7. Roles and Responsibilities
Organization A:
- Ensure data accuracy and completeness before sharing.
- Provide documentation about the data structure and usage.
Organization B:
- Maintain the confidentiality and security of received data.
- Use the data solely for the agreed-upon purpose.
8. Data Transfer Mechanism
Data will be shared using the following mechanism(s):
- Secure File Transfer Protocol (SFTP): For file-based data sharing.
- API Integration: For real-time data exchange.
- Cloud Storage: Shared via [Insert Service Name, e.g., AWS S3] with appropriate access permissions.
9. Termination of Agreement
Either party may terminate this agreement with a written notice of [Insert Timeframe, e.g., 30 days]. Upon termination:
- All shared data must be deleted or returned to the disclosing party.
- Both parties must certify compliance with this requirement in writing.
10. Indemnification and Liability
- Both parties agree to indemnify each other against damages arising from unauthorized use, breaches, or non-compliance related to the shared data.
- Liability limits, if any, are specified in Appendix B.
11. Dispute Resolution
In the event of a dispute, the parties agree to resolve the issue through:
- Mediation: Conducted by a mutually agreed-upon third party.
- Jurisdiction: Legal proceedings will be under the jurisdiction of [Insert Court/Region].
