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Data Use Agreement

Data Use Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for sharing patient research data between our hospital in Riyadh and a medical research institution in Jeddah, ensuring PDPL compliance and including specific provisions for handling sensitive health information, to be implemented by March 2025."

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Document background
A Data Use Agreement is essential when organizations need to share, process, or transfer data while ensuring compliance with Saudi Arabian legal requirements. This document is particularly crucial following the implementation of Saudi Arabia's Personal Data Protection Law (PDPL) and must reflect compliance with local data protection regulations, Shari'ah principles, and international best practices. The agreement is commonly used in scenarios involving research collaboration, outsourcing of data processing, cloud services implementation, or any situation where data needs to be shared between entities. It includes detailed provisions for data security, confidentiality obligations, permitted uses, transfer mechanisms, and compliance requirements specific to the Saudi Arabian jurisdiction.
Suggested Sections

1. Parties: Identification of the data provider and data recipient, including full legal names, addresses, and registration details

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

3. Definitions: Detailed definitions of key terms including Personal Data, Processing, Data Security, Confidential Information, and other relevant terms as per PDPL

4. Scope of Data Use: Specific description of authorized data uses, purposes, and limitations

5. Data Protection Obligations: Compliance requirements with PDPL and other relevant Saudi regulations

6. Security Requirements: Mandatory security measures, protocols, and standards for data protection

7. Confidentiality Obligations: Requirements for maintaining data confidentiality and preventing unauthorized disclosure

8. Data Transfer and Storage: Rules regarding data location, transfer mechanisms, and storage requirements

9. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

10. Return or Destruction of Data: Procedures for handling data upon agreement termination

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

12. Governing Law and Jurisdiction: Specification of Saudi law application and dispute resolution mechanisms

Optional Sections

1. International Data Transfers: Required when data will be transferred outside Saudi Arabia, detailing compliance with cross-border data transfer requirements

2. Data Breach Notification: Specific procedures for handling and reporting data breaches, recommended for high-sensitivity data

3. Audit Rights: Procedures for conducting compliance audits, recommended for agreements involving sensitive or large-scale data processing

4. Sub-processing: Rules and requirements for engaging sub-processors, needed when third-party processing is anticipated

5. Insurance Requirements: Specific insurance obligations, recommended for high-value or high-risk data processing

6. Business Continuity: Disaster recovery and business continuity requirements, important for critical data processing activities

Suggested Schedules

1. Schedule 1 - Data Description: Detailed description of data types, categories, and formats to be shared

2. Schedule 2 - Security Standards: Specific technical and organizational security measures required

3. Schedule 3 - Processing Activities: Detailed list of authorized processing activities and purposes

4. Schedule 4 - Contact Points: Key contacts for operational, technical, and emergency communications

5. Schedule 5 - Service Levels: Performance metrics and service levels for data processing activities

6. Appendix A - Data Flow Diagram: Visual representation of data flows between parties and systems

7. Appendix B - Compliance Checklist: Checklist of compliance requirements under Saudi law

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Authorized Personnel
Authorized Purpose
Business Day
Confidential Information
Controller
Data
Data Breach
Data Protection Laws
Data Subject
Data Subject Rights
Effective Date
Force Majeure
GDPR
Information Security Incident
Intellectual Property Rights
Personal Data
PDPL
Processing
Processor
Project
Recipients
Representatives
Research Data
Research Purpose
Research Results
Saudi Law
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanisms
Unauthorized Access
Working Hours
Clauses
Interpretation
Data Protection
Data Security
Confidentiality
Permitted Use
Transfer Restrictions
Compliance
Access Rights
Audit Rights
Service Levels
Technical Requirements
Processing Limitations
Sub-processing
Data Subject Rights
Breach Notification
Cross-border Transfer
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Governing Law
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Amendments
Counterparts
Survival
Third Party Rights
Waiver
Costs
Relevant Industries

Healthcare

Financial Services

Technology

Telecommunications

Education

Research & Development

Government & Public Sector

Professional Services

Manufacturing

Retail

Energy & Utilities

Transportation & Logistics

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Risk Management

Research & Development

Operations

Data Management

Information Governance

Procurement

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Research Director

Chief Technology Officer

Chief Information Officer

Risk Manager

Contract Manager

Privacy Analyst

Information Governance Manager

Data Manager

Operations Director

Industries
Personal Data Protection Law (PDPL): Saudi Arabia's primary data protection framework enacted in 2021, governing the collection, processing, disclosure, and storage of personal data
Electronic Transactions Law (Royal Decree No. M/18): Regulates electronic transactions and digital signatures, ensuring their legal validity and establishing framework for electronic contracts
Cloud Computing Regulatory Framework: CITC regulations governing cloud services and data storage, including requirements for data localization and security measures
Anti-Cyber Crime Law (Royal Decree No. M/17): Addresses cybersecurity requirements and penalties for data breaches, unauthorized access, and other cyber crimes
Shari'ah Law: Fundamental Islamic legal principles that underpin all contracts and agreements in Saudi Arabia, including concepts of fair dealing and transparency
CITC Regulations: Communications and Information Technology Commission regulations governing telecommunications and IT services, including data transmission and storage
Law of Evidence (Royal Decree No. M/28): Governs the admissibility of electronic records and documents as evidence, crucial for contract enforcement
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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