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Data Exchange Agreement
"I need a Data Exchange Agreement for my healthcare technology company to share patient medical records with a research institution in Manila, ensuring compliance with Philippine healthcare data regulations and including specific provisions for anonymization of sensitive data."
1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details
2. Background: Context of the agreement, relationship between parties, and general purpose of the data exchange
3. Definitions: Detailed definitions of technical terms, data categories, and other key concepts used throughout the agreement
4. Scope and Purpose: Specific details about what data will be exchanged and the permitted purposes for data processing
5. Data Privacy Compliance: Commitments to comply with the Data Privacy Act and other relevant regulations
6. Data Security Measures: Required security protocols, standards, and measures for protecting exchanged data
7. Rights and Obligations: Detailed responsibilities of each party regarding data handling, protection, and processing
8. Data Breach Procedures: Protocols for handling and reporting data breaches, including notification requirements
9. Confidentiality: Provisions regarding confidentiality of shared data and any trade secrets
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Destruction of Data: Procedures for handling data upon termination of the agreement
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when data will be transferred outside the Philippines, addressing compliance with international data transfer requirements
2. Sub-processors: Needed when either party will engage third-party data processors, including approval processes and obligations
3. Audit Rights: Optional section detailing rights to audit data handling practices, recommended for high-sensitivity data
4. Data Subject Rights: Detailed procedures for handling data subject requests, particularly relevant when processing personal data
5. Insurance Requirements: Specific insurance obligations for data protection, recommended for high-value or sensitive data exchanges
6. Business Continuity: Required when continuous data availability is critical to operations
7. Intellectual Property Rights: Needed when shared data includes or could lead to intellectual property considerations
1. Schedule A - Data Categories and Purposes: Detailed listing of data types to be shared and specific purposes for each category
2. Schedule B - Technical Requirements: Technical specifications for data transfer, including formats, protocols, and security requirements
3. Schedule C - Security Standards: Detailed security requirements, including encryption standards, access controls, and monitoring
4. Schedule D - Contact Points: List of key contacts for operational matters, security incidents, and data subject requests
5. Schedule E - Processing Activities: Detailed description of all data processing activities covered by the agreement
6. Appendix 1 - Data Flow Diagram: Visual representation of how data flows between parties and systems
7. Appendix 2 - Incident Response Plan: Detailed procedures for responding to various types of data incidents
Authors
Applicable Law
Authorized Personnel
Authorized Purpose
Confidential Information
Data
Data Breach
Data Controller
Data Processor
Data Protection Laws
Data Provider
Data Recipient
Data Subject
Data Transfer
Effective Date
Force Majeure
Information Security Incident
Intellectual Property Rights
National Privacy Commission
Personal Data
Personal Information
Processing
Security Measures
Sensitive Personal Information
Services
Sub-processor
Technical Requirements
Term
Third Party
Transfer Mechanisms
Unauthorized Access
Working Day
Background
Definitions
Purpose and Scope
Data Protection
Data Security
Confidentiality
Rights and Obligations
Representations and Warranties
Data Transfer
Data Processing
Sub-processing
Audit Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Dispute Resolution
Governing Law
Jurisdiction
Compliance with Laws
Data Subject Rights
Intellectual Property
Business Continuity
Return or Destruction of Data
Information Technology
Healthcare
Financial Services
Education
Research & Development
Government & Public Sector
Telecommunications
E-commerce
Insurance
Professional Services
Manufacturing
Retail
Transportation & Logistics
Legal
Compliance
Information Technology
Information Security
Risk Management
Data Privacy
Operations
Information Governance
Project Management
Business Analysis
Systems Administration
Database Administration
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Information Officer
Risk Manager
Operations Manager
Project Manager
Business Analyst
Systems Administrator
Database Administrator
Privacy Analyst
Compliance Officer
Chief Technology Officer
Information Governance Manager
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