Data Release Agreement Template for Denmark

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Key Requirements PROMPT example:

Data Release Agreement

I need a Data Release Agreement for sharing patient treatment outcome data between our Copenhagen hospital and a Danish medical research institute, with the transfer scheduled to begin in March 2025; must include strict confidentiality provisions and data security measures.

What is a Data Release Agreement?

The Data Release Agreement is a crucial legal instrument used when organizations need to share or transfer data under Danish jurisdiction. It is particularly relevant in situations where structured data transfers need to occur while maintaining compliance with the Danish Data Protection Act and EU GDPR. This document type is essential for organizations that need to share personal data, proprietary information, or sensitive business data with third parties, whether for research, commercial, or operational purposes. The agreement ensures that both parties understand their obligations regarding data protection, security measures, and permitted uses of the data. It includes specific provisions required under Danish law and EU regulations, making it suitable for both domestic and international data transfers involving Danish entities. The Data Release Agreement should be used whenever there is a need to formalize and regulate the transfer of data between organizations, ensuring appropriate safeguards are in place and legal compliance is maintained.

What sections should be included in a Data Release Agreement?

1. Parties: Identification of the data discloser and recipient, including their legal status and contact details

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

3. Definitions: Key terms used in the agreement, including specific data types, processing activities, and technical terminology

4. Purpose and Scope: Detailed description of the permitted uses of the data and scope of the release

5. Data Description: Specific description of the data being released, including categories, format, and delivery method

6. Legal Basis for Processing: Clear statement of the legal grounds for data processing under GDPR and Danish law

7. Data Protection Obligations: Obligations of the recipient regarding data protection, security measures, and compliance

8. Confidentiality: Confidentiality obligations regarding the released data and any associated information

9. Term and Termination: Duration of the agreement and conditions for termination

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

11. Liability and Indemnities: Allocation of risks and responsibilities between parties

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

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

1. International Transfer Mechanisms: Required when data will be transferred outside the EU/EEA, including appropriate safeguards

2. Commercial Terms: Include when the data release involves payment or other commercial considerations

3. Audit Rights: Optional provisions for audit and inspection rights, particularly relevant for high-risk data

4. Sub-processing: Include when the recipient may need to engage other parties to process the data

5. Intellectual Property Rights: Required when the released data includes or could generate intellectual property

6. Insurance Requirements: Include for high-value or high-risk data releases

7. Data Breach Notification: Detailed breach notification procedures, recommended for sensitive data

8. Force Majeure: Optional clause for circumstances beyond parties' control

What schedules should be included in a Data Release Agreement?

1. Schedule 1 - Data Specification: Detailed technical specification of the data being released, including format, fields, and structure

2. Schedule 2 - Security Measures: Technical and organizational security measures required for data protection

3. Schedule 3 - Processing Activities: Detailed description of all processing activities to be performed on the data

4. Schedule 4 - Transfer Mechanism Documentation: Required documentation for international transfers (e.g., Standard Contractual Clauses)

5. Schedule 5 - Contact Points: List of key contacts and escalation procedures for both parties

6. Appendix A - Data Protection Impact Assessment: Summary or full DPIA if required for the specific data processing

7. Appendix B - Compliance Documentation: Relevant certificates, policies, or other compliance documentation

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

Relevant legal definitions
Relevant Industries

Healthcare and Life Sciences

Financial Services

Technology and Software

Research and Academia

Public Sector

Manufacturing

Retail and E-commerce

Professional Services

Telecommunications

Energy and Utilities

Market Research

Insurance

Transportation and Logistics

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Risk Management

Information Technology

Research and Development

Data Governance

Privacy

Contract Management

Information Governance

Corporate Affairs

Regulatory Affairs

Relevant Roles

Data Protection Officer

Legal Counsel

Privacy Manager

Compliance Officer

Information Security Manager

Chief Information Security Officer

Research Director

Data Manager

Chief Technology Officer

Contract Manager

Risk Manager

Chief Legal Officer

Chief Privacy Officer

Information Governance Manager

Data Governance Specialist

Industries
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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