The Data Security Agreement is essential for organizations operating in Ireland who need to establish clear, legally binding security protocols for data protection. This document is particularly relevant given Ireland's status as a major European technology hub and the presence of strict data protection requirements under both Irish law and GDPR. The agreement is typically used when organizations need to share, process, or store sensitive data, requiring detailed security measures and compliance protocols. It outlines specific technical and organizational security measures, incident response procedures, and compliance requirements, while addressing cross-border data transfer considerations that are particularly relevant for multinational companies operating in Ireland. The document serves as a crucial tool for demonstrating compliance with regulatory requirements and establishing clear security expectations between parties.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of the data security arrangements
3. Definitions: Detailed definitions of technical terms, security concepts, and key phrases used throughout the agreement
4. Scope and Application: Clear delineation of what data, systems, and activities are covered by the agreement
5. Security Requirements: Core security measures, standards, and protocols that must be implemented
6. Data Protection Compliance: GDPR and Irish Data Protection Act compliance requirements
7. Security Breach Procedures: Mandatory procedures for identifying, reporting, and managing security incidents
8. Audit and Assessment Rights: Rights and procedures for security audits and compliance assessments
9. Confidentiality Obligations: Requirements for maintaining confidentiality of sensitive information
10. Staff and Subcontractor Obligations: Security requirements for employees and third parties
11. Term and Termination: Duration of agreement and circumstances for termination
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. International Data Transfers: Required when data will be transferred outside the EEA, including specific safeguards and compliance measures
2. Industry-Specific Requirements: Additional requirements for regulated industries such as healthcare or financial services
3. Cloud Security Provisions: Specific provisions for cloud-based services and storage
4. Disaster Recovery: Detailed disaster recovery and business continuity requirements
5. Insurance Requirements: Specific insurance obligations for cybersecurity and data breach coverage
6. Physical Security Requirements: Detailed physical security measures for data centers or offices
7. Penetration Testing Requirements: Specific requirements for regular security testing and vulnerability assessments
1. Schedule 1 - Technical Security Requirements: Detailed technical specifications for security measures, including encryption standards, access controls, and network security
2. Schedule 2 - Security Breach Response Plan: Detailed procedures and timeframes for responding to security incidents
3. Schedule 3 - Compliance Checklist: Checklist of security and compliance requirements with assessment criteria
4. Schedule 4 - Approved Subcontractors: List of approved third-party service providers and their security obligations
5. Schedule 5 - Contact Details: Key contacts for security incidents, audits, and general communication
6. Appendix A - Security Policies: Copies or summaries of relevant security policies and procedures
7. Appendix B - Technical Infrastructure: Documentation of technical infrastructure subject to security requirements
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