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Data Disclosure Agreement
"I need a Data Disclosure Agreement governed by Austrian law for sharing medical research data between our Vienna-based pharmaceutical company and a research institution in Graz, with specific provisions for handling sensitive personal data and research findings starting March 2025."
1. Parties: Identification of the data discloser and recipient, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure
3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terms
4. Purpose and Scope: Specific purposes for which the data may be used and the scope of permitted disclosure and processing activities
5. Data Protection Obligations: GDPR and DSG compliance requirements, including data handling, security measures, and data subject rights
6. Confidentiality Obligations: Requirements for maintaining confidentiality of the disclosed data and any associated information
7. Security Measures: Technical and organizational measures required to protect the disclosed data
8. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination
9. Return or Destruction of Data: Obligations regarding data handling upon termination or expiry of the agreement
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for dispute resolution
1. Cross-Border Transfers: Required when data will be transferred outside the EEA, including necessary safeguards and transfer mechanisms
2. Audit Rights: Optional provisions for audit and inspection rights, particularly relevant for high-risk data processing
3. Sub-processing: Required when the recipient may need to engage other parties to process the disclosed data
4. Industry-Specific Compliance: Additional requirements for specific industries (e.g., healthcare, financial services)
5. Insurance Requirements: Specific insurance obligations for high-value or high-risk data disclosure
6. Force Majeure: Provisions for handling unforeseen circumstances that may affect data processing obligations
7. Change Control: Procedures for managing changes to the scope or nature of data disclosure
1. Schedule 1 - Categories of Data: Detailed list of data types, categories, and classification of data being disclosed
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls to be implemented
3. Schedule 3 - Processing Activities: Detailed description of permitted processing activities and purposes
4. Schedule 4 - Contact Points: List of key contacts for operational, technical, and legal matters
5. Schedule 5 - Data Transfer Mechanisms: Details of transfer mechanisms and safeguards for international data transfers
6. Appendix A - Security Breach Response Plan: Procedures and responsibilities for handling data security incidents
7. Appendix B - Sub-processor List: If applicable, approved list of sub-processors and their roles
Authors
Applicable Data Protection Laws
Austrian Data Protection Act
Authorized Personnel
Business Day
Business Purpose
Confidential Information
Controller
Data
Data Breach
Data Disclosure
Data Protection Impact Assessment
Data Protection Officer
Data Subject
Data Subject Rights
Disclosed Data
Disclosing Party
Effective Date
GDPR
Information Security Incident
Intellectual Property Rights
Material Breach
Personal Data
Processing
Processor
Recipient
Representatives
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanisms
Permitted Purpose
Force Majeure Event
Supervisory Authority
Working Hours
Confidentiality Period
Compliance Documentation
Data Protection
Data Security
Data Transfer
Access Rights
Use Restrictions
Breach Notification
Audit Rights
Compliance
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Notice
Amendments
Survival
Data Return/Destruction
Sub-processing
Intellectual Property
Representations and Warranties
Emergency Response
Record Keeping
Reporting
Cost Allocation
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Retail
Telecommunications
Research and Development
Education
Insurance
Pharmaceuticals
Energy
Public Sector
Consulting
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Operations
Privacy
Data Governance
Procurement
Business Development
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Chief Information Security Officer
Risk Manager
Contract Manager
Privacy Analyst
Data Governance Manager
IT Director
Chief Technology Officer
Business Development Manager
Project Manager
Operations Director
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