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Data Furnisher Agreement Template for United States

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Key Requirements PROMPT example:

Data Furnisher Agreement

"Need a Data Furnisher Agreement for my fintech company to provide consumer credit data to Experian, with specific provisions for real-time data transmission and enhanced security protocols for financial data protection."

Document background
The Data Furnisher Agreement is essential when organizations need to establish a formal framework for sharing data in compliance with U.S. federal and state regulations. This agreement is particularly crucial for entities that regularly furnish consumer data to credit reporting agencies or other data aggregators. The document addresses key aspects such as data accuracy, security protocols, regulatory compliance (particularly with FCRA), dispute handling, and liability allocation. It's designed to protect both the data furnisher and recipient while ensuring adherence to applicable privacy and consumer protection laws.
Suggested Sections

1. Parties: Identification of the Data Furnisher and the Data Recipient, including full legal names and addresses

2. Background: Context of the agreement and the parties' intentions regarding data sharing

3. Definitions: Key terms used throughout the agreement, including 'Data', 'Confidential Information', 'Authorized Users'

4. Scope of Services: Details of what data will be furnished and how it will be provided

5. Data Quality Standards: Requirements for accuracy, completeness, and timeliness of furnished data

6. Security Requirements: Mandatory security measures for data protection and transmission

7. Compliance Obligations: FCRA and other regulatory compliance requirements

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

Optional Sections

1. Service Levels: Specific performance metrics and standards for regular data transmission with specific timing requirements

2. Disaster Recovery: Procedures for maintaining service during disasters - used for critical data furnishing arrangements

3. International Data Transfers: Provisions for cross-border data transfers when data will cross international borders

Suggested Schedules

1. Data Specification Schedule: Detailed technical specifications of data to be furnished

2. Security Requirements Schedule: Detailed security protocols and requirements

3. Service Level Agreement: Detailed performance metrics and remedies

4. Fee Schedule: Pricing and payment terms if applicable

5. Authorized User List: List of personnel authorized to access or handle the data

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

FCRA: Fair Credit Reporting Act - Federal law governing the collection, dissemination, and use of consumer credit information

FACTA: Fair and Accurate Credit Transactions Act - Amendment to FCRA that provides additional consumer protections regarding identity theft and credit reporting

GLBA: Gramm-Leach-Bliley Act - Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

HIPAA: Health Insurance Portability and Accountability Act - Federal law protecting sensitive patient health information from being disclosed without consent

GDPR: General Data Protection Regulation - EU regulation that may apply if handling data of EU residents, requiring specific data protection and privacy measures

CCPA: California Consumer Privacy Act - State law providing California residents with rights regarding their personal information and imposing obligations on businesses

State Breach Laws: Various state-specific laws requiring notification of data breaches to affected individuals and sometimes state authorities

FTC Regulations: Federal Trade Commission regulations governing unfair or deceptive practices in commerce, including data privacy and security

CFPB Guidelines: Consumer Financial Protection Bureau guidelines for handling consumer financial data and ensuring compliance with consumer protection laws

Data Quality Standards: Requirements for ensuring accuracy, completeness, and timeliness of furnished data

Security Requirements: Technical and organizational measures required to protect data during transmission, storage, and processing

Dispute Resolution: Procedures for handling consumer disputes regarding data accuracy and completeness

Breach Notification: Requirements and timeframes for notifying affected parties and authorities in case of data breaches

Audit Rights: Provisions allowing for periodic audits to ensure compliance with data furnishing requirements and security standards

Insurance Requirements: Specifications for types and amounts of insurance coverage required for data-related risks

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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