The Non Disclosure Agreement Data Protection is essential for businesses operating in the United States that share sensitive information and personal data with third parties. This document has become increasingly important due to the growing complexity of data protection regulations and the need to protect both confidential business information and personal data. It provides comprehensive protection by combining traditional NDA elements with specific data protection obligations, ensuring compliance with various U.S. federal and state privacy laws. The agreement is particularly relevant in today's digital economy where data sharing is common but requires careful management and protection.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context and purpose of the agreement, including the nature of the relationship between parties
3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Security Measures, and Breach
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Data Protection Requirements: Specific obligations regarding personal data handling, processing, and protection
6. Security Measures: Required technical and organizational measures for protecting confidential information and personal data
7. Term and Termination: Duration of agreement, renewal terms, and conditions for termination
8. Return or Destruction of Information: Requirements for handling confidential information upon termination
9. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Cross-Border Data Transfers: Additional provisions for international data transfers, including compliance with data export restrictions
2. Industry-Specific Compliance: Special provisions for regulated industries such as healthcare (HIPAA) or financial services
3. Security Breach Notification: Specific procedures and timelines for reporting and handling data breaches
4. Audit Rights: Rights and procedures for auditing compliance with the agreement's obligations
5. Subcontractors: Requirements and restrictions for engaging third-party service providers
1. Schedule 1 - Technical and Organizational Measures: Detailed description of required security measures and protocols
2. Schedule 2 - Categories of Personal Data: List of personal data types covered by the agreement and their processing purposes
3. Schedule 3 - Authorized Recipients: List of permitted recipients of confidential information and their access levels
4. Schedule 4 - Data Processing Activities: Detailed description of all data processing activities covered by the agreement
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