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Third Party Data Sharing Agreement

Third Party Data Sharing Agreement Template for Ireland

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Key Requirements PROMPT example:

Third Party Data Sharing Agreement

"Need to draft a Third Party Data Sharing Agreement for sharing patient data between our Irish healthcare organization and a US-based medical research institute, with strict security measures and GDPR compliance, to be implemented by March 2025."

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Document background
The Third Party Data Sharing Agreement is essential for organizations operating under Irish jurisdiction that need to share personal data with external parties while maintaining compliance with data protection regulations. This document is particularly crucial in the post-Brexit landscape where Ireland serves as a key EU hub for international data transfers. It should be used whenever an organization plans to share personal data with third parties, whether for processing, analysis, storage, or other business purposes. The agreement comprehensively addresses GDPR requirements, Irish Data Protection Act 2018 provisions, and includes specific clauses for data security, breach notification, liability allocation, and data subject rights protection. It's designed to provide a robust framework for data sharing while ensuring all parties understand their obligations and responsibilities under Irish and EU data protection laws.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their registered addresses and company details

2. Background: Context of the data sharing arrangement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement, including GDPR-specific terminology

4. Purpose and Scope: Clearly defined purpose of data sharing and scope of data to be shared

5. Roles and Responsibilities: Clear designation of parties as data controllers/processors and their respective responsibilities

6. Legal Basis for Processing: Specification of the legal grounds under GDPR for sharing and processing the data

7. Data Protection Obligations: General obligations regarding data protection, security measures, and compliance with GDPR

8. Security Measures: Specific technical and organizational measures required to protect the shared data

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

10. Confidentiality: Confidentiality obligations regarding the shared data and any associated information

11. Breach Notification: Procedures for reporting and handling data breaches

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Return or Destruction of Data: Obligations regarding data handling upon termination

14. Liability and Indemnities: Allocation of risks and responsibilities between parties

15. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement

Optional Sections

1. International Data Transfers: Required when data will be transferred outside the EEA, including mechanisms for ensuring adequate protection

2. Special Categories of Data: Additional safeguards and obligations when processing sensitive personal data

3. Sub-processing: Terms governing the appointment and oversight of sub-processors, if allowed

4. Data Protection Impact Assessment: Requirements for DPIAs when processing poses high risks to individuals

5. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

6. Audit Rights: Detailed audit provisions beyond standard compliance monitoring

7. Business Continuity: Specific provisions for ensuring continuous data availability and disaster recovery

Suggested Schedules

1. Schedule 1 - Data Processing Particulars: Detailed description of the data to be shared, including categories of data subjects and types of personal data

2. Schedule 2 - Technical and Organizational Security Measures: Detailed specifications of security measures to be implemented

3. Schedule 3 - Transfer Mechanisms: Details of transfer mechanisms used for international data transfers, including SCCs if applicable

4. Schedule 4 - Approved Sub-processors: List of approved sub-processors and their processing activities

5. Schedule 5 - Data Retention and Deletion Requirements: Specific requirements for data retention periods and deletion procedures

6. Schedule 6 - Contact Details and Escalation Procedures: Key contacts and procedures for operational matters and emergencies

7. Schedule 7 - Service Levels: Any specific service levels or performance metrics related to the data sharing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

Professional Services

Education

Retail and E-commerce

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Manufacturing

Public Sector

Pharmaceutical

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Operations

Procurement

Information Governance

Privacy

Relevant Roles

Data Protection Officer

Privacy Manager

Chief Information Security Officer

Legal Counsel

Compliance Officer

IT Director

Risk Manager

Information Security Manager

Privacy Analyst

Contracts Manager

Chief Technology Officer

Operations Director

Chief Legal Officer

Data Protection Specialist

Information Governance Manager

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