Data Disclosure Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law and EU GDPR that establishes the terms and conditions for the disclosure and handling of specific data between parties. This document outlines the obligations, responsibilities, and compliance requirements for data protection, including security measures, confidentiality obligations, and data subject rights. It incorporates specific provisions required under Austrian data protection law (DSG) while ensuring alignment with broader EU data protection requirements, making it suitable for both domestic and cross-border data sharing arrangements within the EU framework.

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What is a Data Disclosure Agreement?

The Data Disclosure Agreement serves as a crucial legal instrument for organizations needing to share sensitive or regulated data while maintaining compliance with Austrian and EU data protection laws. This document is essential when one party (the Data Discloser) needs to share specific data with another party (the Data Recipient) for defined purposes, whether for business operations, research, or service provision. It addresses the requirements of the Austrian Data Protection Act (DSG) and GDPR, incorporating necessary safeguards for data protection, security measures, and data subject rights. The agreement is particularly relevant in scenarios involving sensitive personal data, proprietary information, or regulated data sets, and includes specific provisions for data handling, security requirements, breach notification procedures, and compliance obligations.

What sections should be included in a Data Disclosure Agreement?

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

What sections are optional to include in a Data Disclosure Agreement?

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

What schedules should be included in a Data Disclosure Agreement?

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

Alex Denne

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

Jurisdiction

Austria

Publisher

Genie AI

Cost

Free to use

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