The Data Disclosure Agreement serves as a critical legal framework for organizations in New Zealand that need to share sensitive or personal information while maintaining compliance with the Privacy Act 2020 and related regulations. This document is essential when one party (the discloser) needs to share confidential or personal data with another party (the recipient) for specific business purposes. The agreement outlines the permitted uses of the data, security requirements, confidentiality obligations, and compliance measures. It is particularly important in the context of New Zealand's robust privacy framework, which includes mandatory breach notification requirements and strict data handling standards. The document should be used whenever organizations plan to share sensitive data, whether for business partnerships, service provision, research, or other legitimate purposes.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company details
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 'Confidential Information', 'Personal Data', 'Data Subject', etc.
4. Purpose and Scope: Specific purposes for which the data is being disclosed and the scope of permitted use
5. Data Protection Obligations: Core obligations regarding data protection, security measures, and compliance with Privacy Act 2020
6. Confidentiality: Obligations regarding maintaining confidentiality of the disclosed data
7. Security Requirements: Specific security measures required for data protection, including technical and organizational measures
8. Data Handling Procedures: Procedures for data transfer, storage, processing, and deletion
9. Breach Notification: Procedures and timeframes for reporting data breaches or security incidents
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Return or Destruction of Data: Requirements for handling data upon termination or expiry of the agreement
12. Liability and Indemnities: Allocation of risk and responsibilities between parties
13. General Provisions: Standard contractual terms including governing law, dispute resolution, and entire agreement
1. Cross-border Data Transfers: Required when data will be transferred outside New Zealand, addressing international data protection requirements
2. Audit Rights: Include when regular audits of data handling practices are required
3. Subcontractor Requirements: Include when the receiving party may need to engage subcontractors to process the data
4. Insurance Requirements: Include when specific insurance coverage for data protection is required
5. Special Categories of Data: Include when dealing with sensitive personal information or health data
6. Data Subject Rights: Include detailed procedures for handling data subject requests when significant personal data is involved
7. Business Continuity: Include when data availability is critical for business operations
8. Fees and Costs: Include when there are charges associated with data sharing or protection measures
1. Schedule 1 - Data Categories: Detailed list of data types and categories being disclosed
2. Schedule 2 - Security Standards: Specific technical and organizational security measures required
3. Schedule 3 - Transfer Protocols: Technical specifications for data transfer methods and protocols
4. Schedule 4 - Contact Details: Key contacts for operational matters and breach notification
5. Schedule 5 - Processing Activities: Detailed description of permitted data processing activities
6. Appendix A - Data Flow Diagram: Visual representation of how data will flow between parties
7. Appendix B - Incident Response Plan: Detailed procedures for handling data security incidents
8. Appendix C - Compliance Checklist: Checklist of privacy and security compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Healthcare and Medical Services
Financial Services
Professional Services
Education
Telecommunications
Insurance
Research and Development
Government and Public Sector
Retail and E-commerce
Manufacturing
Consulting Services
Relevant Teams
Legal
Information Security
Compliance
Information Technology
Risk Management
Data Protection
Operations
Research and Development
Business Development
Project Management
Information Governance
Privacy
Vendor Management
Corporate Affairs
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Security Manager
Risk Manager
Information Governance Manager
Privacy Manager
Operations Director
Chief Technology Officer
Data Manager
Business Development Manager
Project Manager
Research Director
Information Security Analyst
Privacy Analyst
Contract Manager
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