The Data Disclosure Agreement is essential in today's data-driven business environment, particularly under Dutch jurisdiction where strict data protection regulations apply. This document is used when organizations need to share sensitive or personal data while ensuring compliance with the EU GDPR and Dutch Implementation Act (UAVG). It's particularly relevant for cross-organizational data sharing, research collaborations, vendor relationships, or any situation requiring controlled data access. The agreement includes detailed provisions for data handling, security measures, breach notifications, and liability allocation, making it crucial for risk management and regulatory compliance. Organizations should implement this agreement before any significant data sharing activities commence to establish clear rights, obligations, and safeguards for all parties involved.
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1. Parties: Identification of the data discloser and recipient, including registered addresses and company details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject' as per GDPR
4. Purpose and Scope: Detailed description of the purpose of data disclosure and the scope of permitted use
5. Data Protection Compliance: Obligations regarding GDPR compliance, including legal basis for processing and data subject rights
6. Security Measures: Required technical and organizational security measures for data protection
7. Confidentiality: Confidentiality obligations regarding the disclosed data
8. Data Breach Notification: Procedures and timeframes for reporting data breaches
9. Duration and Termination: Term of the agreement and termination provisions
10. Return or Destruction of Data: Obligations regarding data handling upon termination
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data will be transferred outside the EEA, including appropriate safeguards
2. Special Categories of Data: Additional provisions for processing sensitive personal data under Article 9 GDPR
3. Sub-processors: Terms for engaging sub-processors, if recipient is allowed to subcontract processing
4. Audit Rights: Detailed audit provisions when regular compliance verification is required
5. Data Protection Impact Assessment: Requirements for DPIA when processing poses high risks
6. Insurance Requirements: Specific insurance obligations for high-risk data processing
7. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing
1. Schedule 1 - Categories of Data: Detailed list of data types and categories being disclosed
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls to be implemented
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors if applicable
4. Schedule 4 - Contact Points: Key contacts for operational matters and breach notification
5. Schedule 5 - Processing Activities: Detailed description of processing activities as required by GDPR Article 30
6. Appendix A - Data Transfer Mechanisms: Details of mechanisms used for international data transfers if applicable
7. Appendix B - Standard Contractual Clauses: EU SCCs if required for international transfers
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Personnel
Confidential Information
Controller
Data
Data Breach
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
Disclosed Data
Disclosing Party
Dutch Implementation Act
Effective Date
GDPR
Information Security Incident
Intellectual Property Rights
International Transfer
Material Breach
Personal Data
Processing
Processor
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer Mechanisms
UAVG
Applicable Data Protection Laws
Authorized Personnel
Confidential Information
Controller
Data
Data Breach
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
Disclosed Data
Disclosing Party
Dutch Implementation Act
Effective Date
GDPR
Information Security Incident
Intellectual Property Rights
International Transfer
Material Breach
Personal Data
Processing
Processor
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer Mechanisms
UAVG
Clauses
Definitions
Purpose
Data Protection
Data Security
Confidentiality
Data Transfer
Access Rights
Compliance
Audit Rights
Breach Notification
Duration
Termination
Return or Destruction
Liability
Indemnification
Force Majeure
Assignment
Sub-processing
Dispute Resolution
Governing Law
Jurisdiction
Warranties
Representatives
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Data Subject Rights
Security Measures
International Transfer
Insurance
Costs
Purpose
Data Protection
Data Security
Confidentiality
Data Transfer
Access Rights
Compliance
Audit Rights
Breach Notification
Duration
Termination
Return or Destruction
Liability
Indemnification
Force Majeure
Assignment
Sub-processing
Dispute Resolution
Governing Law
Jurisdiction
Warranties
Representatives
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Data Subject Rights
Security Measures
International Transfer
Insurance
Costs
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Telecommunications
Research & Development
Education
Retail
Insurance
Consulting
Pharmaceuticals
Logistics
Relevant Teams
Legal
Compliance
Information Security
IT
Risk Management
Data Protection
Privacy
Information Governance
Operations
Procurement
Technical Operations
Research & Development
Data Management
Relevant Roles
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Chief Information Security Officer
Risk Manager
IT Director
Chief Technology Officer
Privacy Manager
Contract Manager
Information Governance Manager
Data Manager
Chief Data Officer
Operations Director
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