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Data Sharing Agreement
I need a data sharing agreement that outlines the terms for sharing anonymized customer data between our company and a third-party analytics provider, ensuring compliance with GDPR regulations, specifying data security measures, and defining the duration and purpose of data use.
What is a Data Sharing Agreement?
A Data Sharing Agreement spells out exactly how organizations will handle and exchange personal data while following Danish data protection laws. It's a binding contract that maps out who can access what data, how they'll use it, and what security measures they'll put in place - all in line with GDPR and the Danish Data Protection Act.
Danish businesses use these agreements when sharing customer information, research data, or employee records with partners or service providers. The agreement must detail the specific purposes for sharing, set clear time limits, and explain how the data will be protected or deleted. Getting this right helps organizations avoid hefty fines from Datatilsynet (the Danish Data Protection Agency) and builds trust with their stakeholders.
When should you use a Data Sharing Agreement?
You need a Data Sharing Agreement any time your organization plans to exchange personal data with another party - from sharing customer databases with service providers to collaborating on research projects. This becomes especially crucial when handling sensitive information like health records, financial data, or large-scale personal information under Danish data protection laws.
Put this agreement in place before any data transfers begin, particularly when working with international partners or when sharing data across different sectors. For example, healthcare providers sharing patient data with research institutions, municipalities exchanging citizen information, or companies outsourcing HR functions all require these agreements to meet Datatilsynet's compliance requirements and protect against data breaches.
What are the different types of Data Sharing Agreement?
- Simple Data Exchange: Basic agreements covering one-time or limited data sharing between two Danish organizations, typically used for smaller projects or single-department collaborations
- Multi-Party Framework: Complex agreements for data sharing across multiple organizations or research institutions, often used in academic or healthcare networks
- International Transfer: Specialized agreements incorporating EU data transfer mechanisms and additional safeguards for sharing data outside Denmark
- Public-Private Partnership: Tailored agreements between government entities and private companies, following specific Danish public sector requirements
- Industry-Specific: Customized agreements with sector-specific clauses, like healthcare data sharing protocols or financial services data requirements
Who should typically use a Data Sharing Agreement?
- Data Controllers: Organizations that determine why and how personal data is processed, like companies, municipalities, or healthcare providers initiating data sharing
- Data Processors: Third parties handling data on behalf of controllers, such as IT service providers, cloud storage companies, or research institutions
- Legal Teams: In-house lawyers or external counsel who draft and review Data Sharing Agreements to ensure GDPR compliance
- DPOs: Data Protection Officers who oversee agreement implementation and monitor compliance with Danish data protection laws
- IT Security Teams: Technical experts who implement the security measures specified in the agreements
How do you write a Data Sharing Agreement?
- Identify Data Types: Map out exactly what personal data will be shared, including any sensitive categories under Danish law
- Document Purpose: Define clear business objectives and legal basis for data sharing under GDPR
- Security Measures: List specific technical and organizational safeguards both parties will implement
- Transfer Details: Specify how data will be transmitted, stored, and eventually deleted
- Roles and Rights: Clarify each party's responsibilities as controller or processor
- Compliance Check: Use our platform to generate a compliant agreement that meets Datatilsynet's requirements
What should be included in a Data Sharing Agreement?
- Parties' Details: Full legal names, registration numbers, and roles (controller/processor) under GDPR
- Data Scope: Specific categories of personal data, processing purposes, and legal basis under Danish law
- Security Measures: Technical and organizational safeguards meeting GDPR Article 32 requirements
- Transfer Protocols: Methods of data sharing, storage locations, and retention periods
- Breach Procedures: Notification requirements and response protocols
- Termination Terms: Data deletion or return procedures, audit rights, and liability provisions
- Jurisdiction: Danish law application and Datatilsynet's oversight
What's the difference between a Data Sharing Agreement and a Data Protection Agreement?
A Data Sharing Agreement differs significantly from a Data Protection Agreement in both scope and purpose. While both deal with personal data under Danish law, they serve distinct functions in ensuring GDPR compliance.
- Primary Focus: Data Sharing Agreements outline the terms for transferring data between organizations, while Data Protection Agreements establish how a single organization will protect and handle data internally
- Party Relationships: Data Sharing involves multiple independent controllers exchanging data, whereas Protection Agreements typically govern controller-processor relationships
- Legal Requirements: Sharing Agreements need specific transfer protocols and joint responsibility clauses, while Protection Agreements focus on security measures and processing limitations
- Risk Management: Sharing Agreements address risks of data transfer and joint use, while Protection Agreements concentrate on internal handling safeguards
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