The Data Release Agreement is essential for organizations engaging in data sharing activities under Hong Kong jurisdiction. This document is typically used when one party (the data provider) needs to share specified data sets with another party (the data recipient) while maintaining control over how the data is used and protected. It becomes particularly important in scenarios involving sensitive information, personal data, or proprietary datasets. The agreement must comply with Hong Kong's Personal Data (Privacy) Ordinance and related regulations, addressing key aspects such as data security measures, permitted uses, confidentiality obligations, and cross-border transfer requirements. Common use cases include research collaborations, service provider arrangements, group company sharing, and business partnerships where data sharing is necessary for specific operational or commercial purposes.
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1. Parties: Identification of the data provider and recipient, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data release
3. Definitions: Definitions of key terms including 'Data', 'Confidential Information', 'Permitted Purpose', 'Authorized Users'
4. Scope of Data Release: Details of what data is being released and under what conditions
5. Data Protection and Security: Mandatory security measures and compliance with Hong Kong's PDPO requirements
6. Permitted Use and Restrictions: Specific permitted uses of the data and explicit restrictions
7. Confidentiality Obligations: Requirements for maintaining confidentiality of the released data
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Return or Destruction of Data: Requirements for handling data upon termination
10. Warranties and Representations: Warranties regarding data accuracy, rights to share, and compliance
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard boilerplate including governing law, notices, and amendment procedures
1. Cross-border Transfer Provisions: Required when data will be transferred outside of Hong Kong
2. Audit Rights: Optional provisions allowing data provider to audit recipient's compliance
3. Insurance Requirements: Specific insurance obligations for high-risk or regulated data
4. Data Breach Notification: Detailed procedures for handling and reporting data breaches
5. Subcontractor Requirements: Required when recipient may engage subcontractors to process data
6. Special Industry Requirements: Additional provisions for regulated industries (financial services, healthcare)
1. Schedule 1 - Description of Data: Detailed description of data sets being released, including format and delivery method
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection
3. Schedule 3 - Authorized Users: List of authorized users or roles permitted to access the data
4. Schedule 4 - Data Processing Activities: Detailed description of permitted processing activities
5. Schedule 5 - Fee Schedule: Optional schedule detailing any fees for data release or ongoing services
6. Appendix A - Data Transfer Impact Assessment: Required for cross-border transfers to document compliance assessment
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Research & Development
Education
Professional Services
Insurance
Telecommunications
E-commerce
Manufacturing
Consulting
Market Research
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Data Protection
Risk Management
Research & Development
Business Development
Operations
Privacy
Data Governance
Project Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Chief Information Security Officer
Data Governance Manager
Privacy Manager
Risk Manager
IT Director
Chief Technology Officer
Chief Information Officer
Research Director
Business Development Manager
Operations Manager
Project Manager
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