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Data Agreement Template for England and Wales

A Data Agreement is a legally binding contract governed by English and Welsh law that establishes the terms and conditions for handling personal and non-personal data between parties. It ensures compliance with UK GDPR, the Data Protection Act 2018, and other relevant data protection legislation. The agreement details responsibilities, security measures, processing limitations, and data protection obligations, while providing mechanisms for maintaining data privacy and security throughout the data lifecycle.

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What is a Data Agreement?

This Data Agreement is designed for use when organizations need to establish clear terms for sharing, processing, or managing data under English and Welsh law. The agreement addresses requirements under UK GDPR and the Data Protection Act 2018, specifying data handling procedures, security measures, and compliance obligations. It's particularly crucial when organizations are sharing sensitive information, engaging in data processing activities, or establishing controller-processor relationships. The Data Agreement serves as a comprehensive framework for ensuring compliant and secure data handling practices.

What sections should be included in a Data Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Data Protection Obligations: Core obligations regarding data processing, security, and compliance

5. Data Processing Details: Specific details about what data is being processed, how, and why

6. Security Measures: Required technical and organizational measures

7. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Data Agreement?

1. International Transfers: Required if data will be transferred outside the UK

2. Sub-processing: Rules for engaging sub-processors, required when processor may need to engage other processors

3. Audit Rights: Rights to audit compliance, included when one party needs to verify the other's compliance

What schedules should be included in a Data Agreement?

1. Processing Schedule: Detailed description of processing activities, categories of data, purposes

2. Security Schedule: Detailed security requirements and measures

3. Sub-processor List: List of approved sub-processors if applicable

4. Technical Requirements: Specific technical requirements for data handling and security

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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