This Data Non-Disclosure Agreement is essential for Canadian organizations sharing sensitive or confidential data with third parties, ensuring compliance with federal privacy laws such as PIPEDA and provincial privacy legislation. It should be used whenever an organization needs to share confidential data while maintaining control over its use, protection, and disclosure. The agreement incorporates specific Canadian legal requirements for data protection, including mandatory breach notification provisions and cross-border transfer restrictions. It is particularly relevant in today's digital economy where data sharing is common in business partnerships, vendor relationships, and service provider arrangements. The document addresses both technical security requirements and legal compliance obligations, making it suitable for various commercial relationships where data protection is crucial.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential data
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Data', 'Personal Information', 'Processing', 'Security Measures'
4. Scope of Confidential Information: Detailed description of what constitutes confidential data and information covered by the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential data
6. Data Protection Requirements: Specific requirements for handling, storing, and processing confidential data in compliance with applicable laws
7. Security Measures: Required technical and organizational security measures for protecting confidential data
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
9. Return or Destruction of Data: Obligations regarding the return or destruction of confidential data upon termination or request
10. Term and Termination: Duration of the agreement and conditions for termination
11. Breach Notification: Requirements for notifying of actual or suspected unauthorized access or disclosure
12. Remedies: Available remedies in case of breach, including injunctive relief
13. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Cross-Border Data Transfers: Required when confidential data may be transferred outside of Canada, specifying compliance with international data protection requirements
2. Audit Rights: Gives the disclosing party rights to audit the receiving party's compliance with the agreement
3. Insurance Requirements: Specifies required insurance coverage for data protection and cyber liability
4. Subcontractors: Provisions governing the use of subcontractors and their obligations regarding confidential data
5. Data Privacy Impact Assessment: Requirements for conducting privacy impact assessments before processing certain types of data
6. Disaster Recovery: Specific requirements for backup and recovery of confidential data in case of emergencies
7. Compliance with Specific Regulations: Additional compliance requirements for specific industries or types of data (e.g., healthcare, financial services)
1. Schedule A - Description of Confidential Data: Detailed categorization and description of all confidential data covered by the agreement
2. Schedule B - Security Requirements: Technical specifications for security measures, including encryption standards, access controls, and monitoring requirements
3. Schedule C - Authorized Personnel: List of authorized personnel who may access the confidential data
4. Schedule D - Data Processing Activities: Detailed description of permitted data processing activities and purposes
5. Schedule E - Incident Response Plan: Procedures for responding to data breaches or security incidents
6. Appendix 1 - Contact Information: Contact details for key personnel responsible for data protection and breach notification
Relevant legal definitions
Agreement
Authorized Personnel
Breach of Security
Business Day
Business Purpose
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Derivative Data
Disclosing Party
Effective Date
Information Security Incident
Intellectual Property Rights
Personal Information
Processing
Receiving Party
Representatives
Security Measures
Sensitive Personal Information
Services
Term
Third Party
Trade Secrets
Transfer
Unauthorized Access
Vendor
Authorized Personnel
Breach of Security
Business Day
Business Purpose
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Derivative Data
Disclosing Party
Effective Date
Information Security Incident
Intellectual Property Rights
Personal Information
Processing
Receiving Party
Representatives
Security Measures
Sensitive Personal Information
Services
Term
Third Party
Trade Secrets
Transfer
Unauthorized Access
Vendor
Clauses
Confidentiality
Data Protection
Security Requirements
Access Control
Data Processing
Data Transfer
Breach Notification
Return or Destruction
Audit Rights
Permitted Disclosure
Term and Termination
Remedies
Indemnification
Representations and Warranties
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendments
Waiver
Survival
Counterparts
Data Protection
Security Requirements
Access Control
Data Processing
Data Transfer
Breach Notification
Return or Destruction
Audit Rights
Permitted Disclosure
Term and Termination
Remedies
Indemnification
Representations and Warranties
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendments
Waiver
Survival
Counterparts
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research & Development
Education
Telecommunications
Retail
Energy
Government & Public Sector
Biotechnology
Consulting
Cloud Computing
Artificial Intelligence
E-commerce
Relevant Teams
Legal
Information Security
Privacy
Compliance
Information Technology
Risk Management
Procurement
Operations
Data Governance
Business Development
Research & Development
Information Management
Contract Administration
Enterprise Architecture
Vendor Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Privacy Manager
Information Security Manager
Compliance Officer
Risk Manager
IT Director
Chief Technology Officer
Business Development Manager
Procurement Manager
Contract Manager
Project Manager
Security Architect
Data Manager
Operations Manager
Technology Consultant
Privacy Analyst
Information Governance Manager
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