The Data Furnisher Agreement is essential for organizations engaged in systematic data sharing arrangements in Hong Kong. This document is particularly crucial when businesses need to establish formal arrangements for regular data provision, such as credit information sharing, customer data processing, or ongoing data services. The agreement ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance and related regulations while protecting both the data provider's and recipient's interests. It typically includes detailed specifications about data quality, transmission methods, security requirements, and usage limitations, making it particularly relevant for financial institutions, credit reporting agencies, and businesses handling sensitive customer information. The agreement addresses key concerns about data protection, confidentiality, and liability allocation, while incorporating specific requirements of Hong Kong's legal and regulatory framework.
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1. Parties: Identification of the data furnisher and data recipient, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data sharing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms related to data
4. Scope of Data Provision: Details of what data will be furnished, frequency, and format of provision
5. Data Quality Standards: Required standards for data accuracy, completeness, and timeliness
6. Privacy and Data Protection Compliance: Obligations regarding compliance with Hong Kong privacy laws and regulations
7. Security Requirements: Mandatory security measures for data transmission, storage, and handling
8. Use Restrictions: Limitations on how the furnished data may be used, processed, or shared
9. Representations and Warranties: Parties' assertions regarding data quality, rights to share, and compliance
10. Fees and Payment: Financial terms for data provision services
11. Term and Termination: Duration of agreement and circumstances for termination
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Dispute Resolution: Process for resolving disputes under Hong Kong law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Data Breach Protocol: Specific procedures for handling data breaches, used when handling sensitive data or required by regulation
2. Audit Rights: Rights to audit data handling practices, included when compliance verification is crucial
3. Business Continuity: Requirements for maintaining continuous data provision, important for critical data services
4. Intellectual Property Rights: Specific IP provisions when furnished data includes proprietary information
5. Insurance Requirements: Specific insurance coverage requirements, included for high-risk data sharing
6. Third Party Rights: Rights of third parties under the agreement, relevant when data subjects are third parties
7. Cross-border Data Transfer: Specific provisions for international data transfers, needed when data crosses borders
1. Schedule 1 - Data Specifications: Detailed technical specifications of data to be furnished, including format, fields, and structure
2. Schedule 2 - Service Levels: Specific performance metrics and service levels for data provision
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule 4 - Security Standards: Technical security requirements and protocols
5. Schedule 5 - Contact Details: Key contacts and escalation matrix for both parties
6. Appendix A - Data Fields Dictionary: Comprehensive list and description of all data fields to be furnished
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures
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