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Data Use Agreement
"I need a Data Use Agreement under Irish law for sharing clinical trial data between our pharmaceutical company and a research institution in Dublin, with specific provisions for handling sensitive health data and ensuring GDPR compliance, to be implemented by March 2025."
1. Parties: Identification of the data provider and data recipient, including full legal names, registered addresses, and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of the data sharing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific data types, processing activities, and technical terms
4. Purpose and Scope: Specific purposes for which the data may be used and the scope of permitted activities
5. Data Protection Compliance: GDPR and Irish Data Protection Act 2018 compliance requirements, including legal basis for processing
6. Data Security Measures: Required security standards, protocols, and measures for protecting the data
7. Data Transfer Mechanisms: Procedures and safeguards for transferring data between parties
8. Confidentiality Obligations: Confidentiality requirements and restrictions on data disclosure
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Return or Destruction of Data: Obligations regarding data handling upon agreement termination
11. Breach Notification: Procedures for reporting and handling data breaches
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when data will be transferred outside the EEA, specifying transfer mechanisms and safeguards
2. Audit Rights: Include when regular audits of data handling practices are required
3. Sub-processing: Include when the data recipient may need to engage sub-processors
4. Data Subject Rights Management: Include when there's a need to specify procedures for handling data subject requests
5. Special Categories of Data: Required when processing special categories of personal data under GDPR Article 9
6. Insurance Requirements: Include when specific insurance coverage for data protection is required
7. Cost Allocation: Include when there are specific costs associated with data processing or transfer
8. Joint Controller Provisions: Required when parties are acting as joint controllers under GDPR
1. Schedule 1 - Description of Data: Detailed description of data types, formats, and categories being shared
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect the data
3. Schedule 3 - Transfer Mechanisms: Details of data transfer protocols and safeguards
4. Schedule 4 - Authorized Personnel: List of authorized personnel or roles permitted to access the data
5. Schedule 5 - Processing Activities: Detailed description of permitted processing activities and purposes
6. Appendix A - Contact Details: Contact information for key personnel and data protection officers
7. Appendix B - Standard Contractual Clauses: If applicable, EU Standard Contractual Clauses for international transfers
8. Appendix C - Security Breach Response Plan: Detailed procedures for handling and reporting security breaches
Authors
Technology
Healthcare
Financial Services
Education
Research & Development
Pharmaceuticals
Manufacturing
Professional Services
Public Sector
Telecommunications
Biotechnology
Insurance
Marketing & Advertising
Clinical Research
Data Analytics
Legal
Compliance
Information Security
Data Protection
Research Operations
Information Technology
Risk Management
Data Governance
Privacy
Contract Management
Information Governance
Clinical Operations
Regulatory Affairs
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Research Director
Data Manager
Chief Information Officer
Privacy Analyst
Contract Manager
Chief Technology Officer
Research Administrator
Data Governance Manager
Risk Manager
Information Governance Officer
Chief Legal Officer
Data Protection Specialist
Clinical Research Manager
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