The Data Exchange Agreement is essential for organizations in Malaysia that need to share data while maintaining compliance with local regulations, particularly the Personal Data Protection Act 2010. This document is typically used when organizations need to establish formal arrangements for regular data sharing, whether for business operations, research purposes, or regulatory compliance. It addresses critical aspects such as data security, privacy protection, technical specifications, and operational procedures. The agreement is particularly relevant in the Malaysian context where data protection regulations are becoming increasingly stringent and cross-border data flows require careful consideration. It serves as a crucial tool for managing risk and ensuring clarity in data sharing arrangements while maintaining compliance with Malaysian legal requirements.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of data exchange
3. Definitions: Detailed definitions of technical terms, data categories, and key concepts used throughout the agreement
4. Scope of Agreement: Details of what data will be exchanged, frequency, and permitted uses
5. Data Protection Obligations: Compliance requirements with PDPA 2010 and other relevant privacy laws
6. Technical Requirements: Specifications for data format, transmission methods, and technical standards
7. Security Requirements: Security measures, protocols, and standards for protecting exchanged data
8. Access and Authorization: Rules for who can access the data and authorization procedures
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Audit and Compliance: Rights to audit and requirements for maintaining compliance records
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Cross-Border Data Transfers: Required when data will be transferred outside Malaysia, addressing specific PDPA requirements for international transfers
2. Disaster Recovery: Detailed procedures for data recovery and business continuity, recommended for critical data exchanges
3. Data Monetization: Terms for any commercial exploitation of the exchanged data, if applicable
4. Intellectual Property Rights: Required when the exchanged data includes or generates intellectual property
5. Government Access: Required when dealing with government entities or regulated industries
6. Sub-processors: Terms governing the use of third-party data processors, if applicable
1. Schedule 1 - Data Specification: Detailed technical specifications of data fields, formats, and structures
2. Schedule 2 - Service Levels: Performance metrics, availability requirements, and response times
3. Schedule 3 - Security Standards: Detailed security protocols, encryption requirements, and security certifications
4. Schedule 4 - Contact Details: Key contacts for operational, technical, and legal matters
5. Schedule 5 - Fee Schedule: Any fees or costs associated with the data exchange, if applicable
6. Appendix A - Data Flow Diagram: Visual representation of how data flows between parties
7. Appendix B - Incident Response Plan: Procedures for handling data breaches and security incidents
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