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Data Use Agreement Template for New Zealand

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for sharing medical research data between our New Zealand university and a research institute in Australia, with the data transfer starting in March 2025, including provisions for joint publication rights and secure cross-border data transfer."

Document background
The Data Use Agreement serves as a critical legal instrument for organizations in New Zealand that need to share data while maintaining compliance with privacy laws and protecting their interests. This document is essential when organizations need to transfer, process, or analyze data for specific purposes while ensuring appropriate safeguards are in place. It's particularly relevant given New Zealand's Privacy Act 2020 requirements and the increasing need for structured data sharing arrangements across various sectors. The agreement typically includes detailed provisions for data handling, security measures, permitted uses, and privacy protections, making it suitable for both domestic and international data sharing arrangements. Organizations should implement a Data Use Agreement when sharing sensitive, proprietary, or personal information, whether for research, commercial, or operational purposes.
Suggested Sections

1. Parties: Identification of the data provider and data recipient, including full legal names and contact details

2. Background: Context of the agreement, relationship between parties, and purpose of data sharing

3. Definitions: Detailed definitions of key terms including 'Data', 'Permitted Purpose', 'Authorized Users', 'Privacy Laws', and other relevant terms

4. Purpose and Scope: Specific permitted uses of the data and scope of sharing arrangement

5. Data Description: Description of the data being shared, including data types, format, and delivery method

6. Privacy and Security Requirements: Obligations regarding data protection, security measures, and compliance with Privacy Act 2020

7. Use Restrictions: Specific restrictions on data use, prohibited activities, and handling requirements

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Return or Destruction of Data: Requirements for data handling upon agreement termination

10. Confidentiality: Obligations regarding confidentiality of the shared data

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard contractual terms including governing law, dispute resolution, and entire agreement

Optional Sections

1. International Transfer: Required when data will be transferred outside New Zealand, addressing compliance with Privacy Act 2020 cross-border requirements

2. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for sensitive data

3. Audit Rights: Rights and procedures for auditing data use compliance, recommended for sensitive data or regulatory requirements

4. Research Publication: Terms for publishing research results based on the data, needed for academic or research use

5. Cost and Payment: Include when there are fees associated with data sharing or processing

6. Sub-processors: Required when the data recipient will use third-party processors to handle the data

7. Insurance Requirements: Specific insurance obligations, recommended for high-risk or valuable data

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed technical specifications of the data, including field descriptions, format, and structure

2. Schedule 2 - Security Standards: Specific security requirements and standards that must be maintained

3. Schedule 3 - Authorized Users: List of authorized users or roles permitted to access the data

4. Schedule 4 - Processing Activities: Detailed description of permitted processing activities and purposes

5. Schedule 5 - Fee Schedule: If applicable, breakdown of fees and payment terms

6. Appendix A - Data Privacy Impact Assessment: Assessment of privacy risks and mitigation measures

7. Appendix B - Technical Safeguards: Detailed description of required technical security measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Healthcare

Research & Development

Education

Financial Services

Technology

Government & Public Sector

Telecommunications

Professional Services

Biotechnology

Manufacturing

Retail

Insurance

Market Research

Pharmaceuticals

Environmental Services

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Analytics

Research

Operations

Risk Management

Privacy

Information Governance

Project Management

Data Science

Corporate Affairs

Regulatory Affairs

Relevant Roles

Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Research Director

Data Scientist

Chief Technology Officer

Chief Information Officer

IT Manager

Risk Manager

Operations Manager

Project Manager

Research Administrator

Information Governance Manager

Data Analytics Manager

Chief Privacy Officer

Contracts Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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