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Data Use Agreement
"I need a Data Use Agreement for sharing patient health records between our medical clinic and a third-party analytics provider, with strict privacy controls and compliance with Australian healthcare regulations, to commence from March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including the purpose of the data sharing and relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, security terms, and technical concepts
4. Scope of Data Use: Specific description of what data is covered and permitted uses
5. Data Transfer and Security: Requirements for secure data transfer, storage, and handling procedures
6. Privacy and Compliance: Obligations regarding privacy laws, including Privacy Act 1988 and Australian Privacy Principles
7. Term and Termination: Duration of the agreement and conditions for termination
8. Confidentiality: Obligations regarding confidentiality of the data and any associated information
9. Data Breach Notification: Procedures for handling and reporting data breaches
10. Warranties and Representations: Statements about data quality, accuracy, and right to share
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard contractual terms including governing law, dispute resolution, and notices
1. Third Party Data Sharing: Required when data may be shared with or accessed by third parties
2. International Data Transfer: Required when data may be transferred outside of Australia
3. Research Use Provisions: Required when data is used for research purposes, including publication rights
4. Commercial Use Restrictions: Required when there are specific limitations on commercial exploitation of the data
5. Data Destruction: Required when specific data destruction procedures need to be outlined
6. Audit Rights: Required when one party needs the right to audit the other's data handling practices
7. Insurance Requirements: Required when specific insurance coverage is needed for data protection
8. Fees and Costs: Required when there are charges associated with the data use or transfer
1. Schedule 1 - Data Specification: Detailed description of the data sets, including format, fields, and metadata
2. Schedule 2 - Security Standards: Specific technical and organizational security measures required
3. Schedule 3 - Transfer Protocols: Technical specifications for data transfer methods and procedures
4. Schedule 4 - Authorized Users: List of authorized users or roles permitted to access the data
5. Schedule 5 - Processing Requirements: Specific requirements for data processing and handling
6. Appendix A - Data Breach Response Plan: Detailed procedures for responding to data breaches
7. Appendix B - Privacy Impact Assessment: Assessment of privacy implications and mitigation measures
8. Appendix C - Compliance Checklist: Checklist of compliance requirements and responsibilities
Authors
Healthcare
Technology
Financial Services
Education
Research & Development
Government
Telecommunications
Professional Services
Biotechnology
Insurance
Market Research
Pharmaceuticals
Legal
Compliance
Information Security
Information Technology
Data Governance
Research Operations
Risk Management
Privacy
Information Management
Data Analytics
Corporate Affairs
Technology Operations
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Research Director
Data Scientist
IT Manager
Privacy Analyst
Risk Manager
Chief Information Officer
Chief Technology Officer
Data Governance Manager
Research Administrator
Information Management Officer
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