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Data Use Agreement

Data Use Agreement Template for Netherlands

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for sharing medical research data between our Dutch hospital and a university research center in Amsterdam, with special attention to GDPR compliance and handling of sensitive patient data, to be implemented by March 2025."

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Document background
The Data Use Agreement is essential when organizations need to share or process data under Dutch jurisdiction, particularly when personal data is involved. This document is crucial for ensuring compliance with the EU General Data Protection Regulation (GDPR) and Dutch data protection laws, including the UAVG (Dutch GDPR Implementation Act). It should be used whenever there is a need to establish clear parameters for data handling, processing activities, and security measures between parties. The agreement typically includes detailed specifications about data types, permitted uses, security requirements, and procedures for handling data breaches. It's particularly important in scenarios involving cross-organizational data sharing, research collaborations, or service provider relationships where data processing is a key component.
Suggested Sections

1. Parties: Identification of the data provider and data recipient, including their legal status and contact details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used in the agreement, including data categories, 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 Obligations: GDPR compliance requirements, including lawful basis for processing and data protection principles

6. Security Measures: Technical and organizational measures required to protect the data

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

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

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

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

11. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when data will be transferred outside the EEA, including transfer mechanisms and safeguards

2. Special Categories of Data: Include when processing sensitive personal data under Article 9 GDPR

3. Sub-processor Provisions: Required when the data recipient may engage third parties to process the data

4. Data Breach Notification: Detailed procedures for handling data breaches (recommended for high-risk processing)

5. Audit Rights: Include when regular audits of data processing activities are required

6. Cost Allocation: Include when there are specific costs associated with data processing or transfer

7. Insurance Requirements: Include when specific insurance coverage is required for data processing activities

Suggested Schedules

1. Schedule 1 - Description of Data: Detailed description of data categories, formats, and volume

2. Schedule 2 - Technical and Security Requirements: Specific technical and organizational security measures to be implemented

3. Schedule 3 - Processing Activities: Detailed description of allowed processing activities and purposes

4. Schedule 4 - Contact Points: List of key contacts for operational, technical, and legal matters

5. Schedule 5 - Data Transfer Procedures: Technical specifications for data transfer methods and protocols

6. Appendix A - Standard Contractual Clauses: If applicable for international transfers, EU SCCs

7. Appendix B - Security Incident Response Plan: Detailed procedures for handling security incidents and data breaches

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
Relevant legal definitions



































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Relevant Industries

Healthcare

Financial Services

Technology

Research & Academia

Government

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Relevant Teams

Legal

Information Technology

Data Protection

Compliance

Information Security

Risk Management

Research & Development

Operations

Privacy

Information Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

IT Security Manager

Compliance Manager

Research Director

Information Security Officer

Chief Technology Officer

Chief Information Officer

Data Manager

Privacy Lawyer

Contract Manager

Risk Manager

Information Governance Manager

Industries






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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