Data Use Agreement Template for Philippines

The Data Use Agreement serves as a critical legal instrument for organizations in the Philippines engaging in data sharing activities, ensuring compliance with the Data Privacy Act of 2012 (RA 10173) and its Implementing Rules and Regulations. This document is essential when entities need to share, process, or transfer data, whether for research, commercial, or operational purposes. It encompasses comprehensive provisions for data protection, including security measures, confidentiality obligations, and compliance requirements mandated by the National Privacy Commission. The agreement is particularly relevant in contexts involving personal data processing, cross-organizational research, business analytics, and technology services, addressing both domestic and international data handling scenarios while incorporating specific Philippine regulatory requirements.

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: Detailed definitions of key terms including Personal Data, Processing, Data Subject, Security Measures, and other relevant terms as per Philippine Data Privacy Act

4. Scope and Purpose: Specific description of the data to be shared and permitted purposes for its use

5. Data Protection Obligations: Compliance requirements with the Data Privacy Act and related regulations, including data protection principles

6. Security Measures: Required technical and organizational measures for data protection, including encryption standards and access controls

7. Confidentiality: Obligations regarding data confidentiality and non-disclosure requirements

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Philippine law

9. Breach Notification: Procedures and timelines for reporting data breaches as per NPC requirements

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

11. Data Deletion/Return: Requirements for handling data upon agreement termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures