The Third Party Data Sharing Agreement is essential for organizations that need to share personal, sensitive, or confidential data with third parties while maintaining compliance with U.S. privacy laws and regulations. This agreement has become increasingly important due to stricter data protection requirements and growing cyber security concerns. It specifically addresses data handling procedures, security measures, breach notifications, and compliance requirements while protecting both the data controller and processor's interests.
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1. Parties: Identification and details of all parties involved in the agreement
2. Background: Context and purpose of the data sharing arrangement
3. Definitions: Key terms used throughout the agreement including data types, security measures, and compliance requirements
4. Scope of Data Sharing: Detailed description of what data will be shared, purposes of sharing, and permitted uses
5. Data Protection Obligations: Security measures, compliance requirements, and responsibilities of each party
6. Confidentiality: Obligations regarding the confidential treatment of shared data
7. Data Security: Specific security measures and protocols to be implemented
8. Data Subject Rights: Procedures for handling data subject requests and rights
9. Term and Termination: Duration of agreement, renewal terms, and termination conditions
10. Liability and Indemnification: Allocation of risk and responsibility between parties
1. International Transfer Provisions: Additional provisions for cross-border data transfers and compliance with international data protection laws
2. Industry-Specific Compliance: Specific provisions for HIPAA, GLBA, FERPA, or other industry-specific regulations
3. Breach Notification Procedures: Detailed procedures for handling and reporting data breaches
4. Audit Rights: Provisions for conducting security and compliance audits
5. Data Retention and Destruction: Requirements for maintaining and destroying data after agreement termination
1. Schedule A - Data Processing Details: Detailed description of data types, processing activities, and purposes
2. Schedule B - Security Requirements: Technical and organizational security measures to be implemented
3. Schedule C - Contact Details: Key contacts for data protection matters and breach notification
4. Schedule D - Sub-processor List: List of approved sub-processors and their roles
5. Schedule E - Compliance Checklist: Checklist of applicable regulatory requirements and compliance measures
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