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Data Use Agreement Template for Australia

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Key Requirements PROMPT example:

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."

What is a Data Use Agreement?

A Data Use Agreement is essential when organizations need to share, transfer, or process data in compliance with Australian privacy and data protection laws. This document is particularly crucial in scenarios involving sensitive, personal, or proprietary data transfers between organizations. It addresses key requirements under the Privacy Act 1988 (Cth), state privacy legislation, and industry-specific regulations. The agreement typically includes detailed provisions for data security, permitted uses, privacy compliance, breach notification procedures, and risk allocation. It is commonly used in research collaborations, business partnerships, service provider arrangements, and any situation where formal data sharing arrangements need to be established with clear governance frameworks.

What sections should be included in a Data Use Agreement?

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

What sections are optional to include in a Data Use Agreement?

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

What schedules should be included in a Data Use Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Healthcare

Technology

Financial Services

Education

Research & Development

Government

Telecommunications

Professional Services

Biotechnology

Insurance

Market Research

Pharmaceuticals

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Governance

Research Operations

Risk Management

Privacy

Information Management

Data Analytics

Corporate Affairs

Technology Operations

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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