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Data Use Agreement

Data Use Agreement Template for Austria

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for a research collaboration between our Vienna-based pharmaceutical company and a Swiss research institute, starting March 2025, covering the sharing of clinical trial data with special provisions for cross-border transfers and research publication rights."

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Document background
The Data Use Agreement is essential for organizations operating under Austrian jurisdiction that need to share, process, or receive data from other entities. This document is particularly crucial given Austria's strict data protection regime, which incorporates both the national Data Protection Act (DSG) and EU GDPR requirements. It is commonly used when organizations need to establish clear parameters for data usage, whether for research, commercial, or operational purposes. The agreement typically includes detailed provisions on permitted data uses, security requirements, confidentiality obligations, and compliance measures. It's particularly important for cross-organizational data sharing, research collaborations, and commercial partnerships where data protection and proper usage need to be clearly defined and documented.
Suggested Sections

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

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

3. Definitions: Defined terms including 'Personal Data', 'Processing', 'Data Subject', and other key terms as per GDPR and Austrian DSG

4. Purpose and Scope: Specific permitted purposes for data use and scope of data processing activities

5. Data Protection Compliance: GDPR and Austrian DSG compliance obligations, including legal basis for processing

6. Data Security Measures: Required technical and organizational security measures for data protection

7. Confidentiality: Confidentiality obligations regarding the shared data

8. Duration and Termination: Term of the agreement and termination provisions

9. Return or Deletion of Data: Obligations regarding data handling upon termination

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

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required if data will be transferred outside the EEA, including Standard Contractual Clauses

2. Research Use Provisions: Specific terms for research and academic use of data, including publication rights

3. Commercial Use Restrictions: Additional restrictions and terms for commercial exploitation of data

4. Data Subject Rights Management: Procedures for handling data subject requests and rights exercises

5. Audit Rights: Rights and procedures for auditing data use compliance

6. Sub-processor Management: Terms governing the appointment and oversight of sub-processors

7. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

8. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing

Suggested Schedules

1. Schedule 1: Description of Data: Detailed description of data types, categories, and formats to be shared

2. Schedule 2: Technical Security Requirements: Specific technical and organizational security measures required

3. Schedule 3: Data Processing Activities: Detailed description of permitted processing activities and purposes

4. Schedule 4: Contact Details: Key contacts for operational, technical, and legal matters

5. Appendix A: Data Transfer Impact Assessment: Assessment of risks related to any international data transfers

6. Appendix B: Standard Contractual Clauses: If applicable, EU Standard Contractual Clauses for international transfers

7. Appendix C: Sub-processor List: List of approved sub-processors and their processing activities

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Austrian Data Protection Act
Authorized Personnel
Authorized Purpose
Confidential Information
Controller
Data
Data Breach
Data Protection Impact Assessment
Data Security Requirements
Data Subject
Data Subject Rights
Dataset
Derived Data
Effective Date
GDPR
Information Security Incident
Intellectual Property Rights
Personal Data
Processing
Processor
Project
Regulatory Authority
Representatives
Research Purpose
Restricted Data
Security Measures
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer
Relevant Industries

Healthcare

Information Technology

Research & Development

Financial Services

Education

Pharmaceuticals

Biotechnology

Market Research

Public Sector

Telecommunications

Manufacturing

Consumer Services

Professional Services

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Information Technology

Research & Development

Privacy

Risk Management

Operations

Data Governance

Procurement

Information Management

Relevant Roles

Data Protection Officer

Legal Counsel

Privacy Manager

Compliance Officer

Information Security Manager

Research Director

Chief Technology Officer

Data Manager

IT Security Officer

Contract Manager

Chief Information Officer

Privacy Analyst

Research Coordinator

Data Governance Manager

Legal Operations Manager

Industries
General Data Protection Regulation (GDPR): EU's comprehensive data protection law that sets guidelines for collection and processing of personal information from individuals within the EU
Austrian Data Protection Act (Datenschutzgesetz - DSG): National law implementing and supplementing GDPR in Austria, providing specific national requirements for data protection
Austrian Civil Code (ABGB): Provides the fundamental principles of contract law in Austria, including formation, validity, and enforcement of contracts
Federal Act on Electronic Signatures (Signaturgesetz): Regulates electronic signatures and their legal validity in Austria, relevant for digital execution of agreements
EU Standard Contractual Clauses: Required for international data transfers outside the EEA, if applicable in the agreement
Austrian Telecommunications Act (TKG): Relevant if the data use involves telecommunications data or electronic communications
Austrian Research Organisation Act (FOG): May be relevant if the data use agreement involves research data or scientific institutions
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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