The Data Use Agreement serves as a critical legal instrument for organizations operating under Hong Kong jurisdiction that need to establish formal arrangements for sharing, processing, or transferring data. This document is essential when one party (typically a data controller) wishes to allow another party (usually a data processor or service provider) to access, process, or otherwise handle specific data sets. The agreement ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance and other relevant regulations, while providing clear guidelines for data handling, security measures, and confidentiality requirements. It is particularly relevant in today's digital economy where data sharing and processing are fundamental to business operations, research collaborations, and service delivery. The document addresses both domestic Hong Kong requirements and international data protection standards, making it suitable for both local and cross-border arrangements.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data sharing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terms
4. Scope of Data Use: Clearly defined boundaries of permitted data use, including purposes, limitations, and restrictions
5. Data Protection Obligations: Specific obligations to comply with Hong Kong's Personal Data (Privacy) Ordinance and other relevant laws
6. Security Requirements: Mandatory security measures for data protection, including technical and organizational measures
7. Data Transfer Mechanisms: Procedures and requirements for transferring data between parties
8. Confidentiality Obligations: Requirements for maintaining confidentiality of the data and related information
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Data Deletion and Return: Requirements for handling data upon termination or expiry of the agreement
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Cross-border Transfer Provisions: Required when data will be transferred outside of Hong Kong, specifying compliance with international data transfer requirements
2. Audit Rights: Optional provisions for conducting audits of data handling practices, particularly relevant for high-sensitivity data
3. Data Breach Notification: Detailed procedures for handling data breaches, recommended for sensitive data arrangements
4. Sub-processing: Required when either party may engage sub-processors to handle the data
5. Insurance Requirements: Specific insurance obligations, recommended for high-value or high-risk data arrangements
6. Business Continuity: Required when continuous data access is critical for operations
7. Data Quality Obligations: Specific requirements for maintaining data quality, relevant for analytical or decision-making purposes
1. Schedule 1 - Data Specification: Detailed description of data types, formats, and fields covered by the agreement
2. Schedule 2 - Security Standards: Specific technical and organizational security measures required
3. Schedule 3 - Processing Activities: Detailed list of permitted processing activities and purposes
4. Schedule 4 - Contact Points: Key contacts and escalation procedures for both parties
5. Schedule 5 - Service Levels: Any applicable service levels for data provision or processing
6. Appendix A - Data Transfer Methods: Technical specifications for secure data transfer mechanisms
7. Appendix B - Compliance Checklist: Checklist of compliance requirements under Hong Kong law
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