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Third Party Data Sharing Agreement
"I need a Third Party Data Sharing Agreement for my fintech company to share customer transaction data with an analytics provider in Australia, with strict security requirements and compliance with financial services regulations."
1. Parties: Identification of all parties to the agreement, including their legal names, ABNs, 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 technical terms and data-related concepts
4. Scope of Agreement: Defines the specific data to be shared, purposes for sharing, and any restrictions on use
5. Data Sharing Terms: Details of how and when data will be shared, including format, frequency, and transmission methods
6. Privacy and Security Obligations: Compliance requirements with Privacy Act, APPs, and security standards for data protection
7. Data Quality and Management: Standards for data accuracy, currency, and maintenance responsibilities
8. Confidentiality: Obligations regarding confidential information handling and protection
9. Security Breach and Incident Response: Procedures for handling data breaches and compliance with the NDB scheme
10. Liability and Indemnities: Allocation of risk and responsibility between parties
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Post-Termination Obligations: Requirements for data handling after agreement ends
13. General Provisions: Standard contract clauses including governing law, dispute resolution, and amendment procedures
1. International Data Transfers: Required when data may be transferred outside Australia, addressing cross-border data flow requirements
2. Industry-Specific Compliance: Include when sharing data in regulated industries like healthcare or financial services
3. Audit Rights: Optional section granting rights to audit data handling practices, recommended for high-risk data sharing
4. Data Monetization: Include when there are commercial arrangements around data usage
5. Intellectual Property Rights: Required when shared data involves IP considerations or derived data products
6. Service Levels: Include when specific performance metrics for data sharing need to be maintained
7. Business Continuity: Optional section for critical data sharing arrangements requiring disaster recovery plans
1. Schedule 1 - Data Specification: Detailed technical specifications of data elements to be shared, including format and structure
2. Schedule 2 - Security Standards: Specific security requirements, protocols, and standards to be maintained
3. Schedule 3 - Service Levels: Detailed metrics and KPIs for data sharing performance if applicable
4. Schedule 4 - Fee Schedule: If applicable, details of any fees or costs associated with data sharing
5. Schedule 5 - Approved Purposes: Comprehensive list of approved uses for the shared data
6. Appendix A - Data Flow Diagram: Technical diagram showing how data flows between parties
7. Appendix B - Contact Matrix: Key contacts and escalation procedures for operational and emergency situations
8. Appendix C - Incident Response Plan: Detailed procedures for handling data breaches and security incidents
Authors
Technology
Healthcare
Financial Services
Professional Services
Telecommunications
Education
Government
Research & Development
Retail
Insurance
Manufacturing
Consumer Services
Media & Entertainment
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Data Governance
Operations
Commercial
Procurement
Information Management
Data Analytics
Enterprise Architecture
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Data Governance Manager
IT Director
Chief Technology Officer
Privacy Manager
Data Protection Manager
Commercial Contract Manager
Operations Director
Chief Data Officer
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