The Personal Data Sharing Agreement is essential for organizations in the United States that need to share personal data while maintaining compliance with privacy regulations. This document is particularly important given the complex landscape of federal and state privacy laws, including the FTC Act, CCPA, and industry-specific regulations like HIPAA and GLBA. It establishes clear protocols for data handling, security measures, and responsible parties while addressing compliance requirements across different jurisdictions.
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1. Parties: Identification of data controller and data processor/recipient
2. Background: Context and purpose of the data sharing arrangement
3. Definitions: Key terms including Personal Data, Processing, Controller, Processor, Applicable Laws
4. Purpose of Data Sharing: Specific purposes for which data will be shared and processed
5. Data Protection Obligations: Security measures, compliance requirements, and data protection standards
6. Term and Termination: Duration of agreement and conditions for termination
7. Confidentiality: Requirements for maintaining data confidentiality and non-disclosure obligations
1. International Transfer Provisions: Required when data crosses international borders, including safeguards and compliance measures
2. Industry-Specific Compliance: Additional requirements for specific sectors (healthcare, financial, educational)
3. Sub-processor Provisions: Rules and requirements for engaging additional data processors
1. Schedule 1: Data Categories: Detailed list of personal data types being shared and processed
2. Schedule 2: Security Measures: Technical and organizational security requirements and controls
3. Schedule 3: Processing Instructions: Specific instructions for data handling and processing activities
4. Appendix A: Data Transfer Impact Assessment: Risk assessment and mitigation measures for data transfers
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