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Data Use Agreement
"I need a Data Use Agreement under German law for sharing anonymized patient data between our hospital and a research institution for a clinical study starting in March 2025, with specific provisions for data security and ethical research guidelines."
1. Parties: Identification of the data provider and data recipient, including full legal names, addresses, and registration details
2. Background: Context of the agreement, purpose of data sharing, and relationship between the parties
3. Definitions: Key terms used in the agreement, including specific data categories, processing activities, and technical terms
4. Scope and Purpose of Data Use: Detailed description of permitted data uses, processing purposes, and any restrictions
5. Data Protection Obligations: GDPR compliance requirements, including legal basis for processing, data protection principles, and security measures
6. Technical and Organizational Measures: Required security measures for data protection, including access controls, encryption, and monitoring
7. Data Breach Notification: Procedures and timeframes for reporting data breaches
8. Confidentiality: Obligations regarding data confidentiality and professional secrecy
9. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
10. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. International Data Transfers: Required when data will be transferred outside the EU/EEA, including Standard Contractual Clauses references
2. Subprocessing: Include when the data recipient may engage subprocessors, specifying approval requirements and obligations
3. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)
4. Audit Rights: Detailed audit provisions when regular compliance verification is required
5. Data Subject Rights Management: Specific procedures for handling data subject requests when direct interaction with data subjects is expected
6. Joint Controller Provisions: Required when parties are acting as joint controllers under GDPR Article 26
7. Insurance Requirements: Specific insurance obligations for high-risk data processing activities
1. Schedule 1 - Data Categories and Processing Activities: Detailed list of data types, processing purposes, and categories of data subjects
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by the parties
3. Schedule 3 - Authorized Subprocessors: List of approved subprocessors and their processing activities, if applicable
4. Schedule 4 - Contact Points and Escalation Procedure: Key contacts for operational matters and emergency situations
5. Schedule 5 - Service Levels: Performance metrics and response times for data-related services
6. Appendix A - Standard Contractual Clauses: EU SCCs for international data transfers, if applicable
7. Appendix B - Data Processing Details: Specific details about processing operations, systems, and workflows
Authors
Applicable Data Protection Laws
Authorized Personnel
Authorized Purpose
Authorized Recipients
Bundesdatenschutzgesetz
Business Day
Confidential Information
Consent
Controller
Data
Data Access
Data Breach
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
GDPR
Information Security Incident
International Transfer
Joint Controllers
Personal Data
Processing
Processor
Project
Pseudonymization
Recipient
Research Purpose
Restricted Data
Sensitive Personal Data
Services
Standard Contractual Clauses
Subprocessor
Technical and Organizational Measures
Term
Third Party
Transfer
Interpretation
Definitions
Purpose
Data Protection
Data Security
Access Rights
Usage Restrictions
Confidentiality
Processing Obligations
Technical Requirements
Breach Notification
Audit Rights
International Transfer
Liability
Indemnification
Insurance
Term and Termination
Assignment
Force Majeure
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Data Return/Deletion
Subprocessing
Warranties
Compliance
Dispute Resolution
Healthcare & Life Sciences
Technology & Software
Financial Services
Research & Development
Education
Manufacturing
Professional Services
Telecommunications
Public Sector
Insurance
Pharmaceutical
Market Research
Data Analytics
Legal
Compliance
Information Security
Data Protection
IT
Research & Development
Operations
Risk Management
Privacy
Information Governance
Procurement
Project Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Chief Technology Officer
Chief Information Officer
Research Director
Data Manager
IT Security Officer
Risk Manager
Contract Manager
Chief Privacy Officer
Operations Director
Project Manager
Information Governance Manager
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