Data Disclosure Agreement for Australia
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Data Disclosure Agreement
"I need a Data Disclosure Agreement for sharing customer analytics data between our Australian fintech company and a third-party AI service provider in Singapore, with specific provisions for cross-border data transfers and financial services compliance requirements."
Your data doesn't train Genie's AI
You keep IP ownership of your information
1. Parties: Identification of all parties to the agreement, including their legal names, ABNs, and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data disclosure
3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, security terms, and relevant legal concepts
4. Scope of Data Disclosure: Clear specification of what data will be disclosed, in what format, and for what purposes
5. Data Security Requirements: Mandatory security measures for handling and storing the disclosed data
6. Privacy Compliance: Obligations regarding compliance with Australian Privacy Principles and other relevant privacy laws
7. Confidentiality Obligations: Requirements for maintaining confidentiality of the disclosed data
8. Permitted Uses and Disclosure: Specific allowed uses of the data and circumstances under which it can be disclosed to third parties
9. Data Breach Procedures: Procedures for handling and reporting data breaches in compliance with the Notifiable Data Breaches Scheme
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Return or Destruction of Data: Requirements for handling data upon termination or expiry of the agreement
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement provisions
1. Cross-border Data Transfer: Required when data will be transferred outside Australia, addressing compliance with international data transfer requirements
2. Industry-Specific Requirements: Needed when the data relates to specific regulated industries (e.g., healthcare, financial services)
3. Data Processing Requirements: Detailed when the recipient will be processing the data on behalf of the discloser
4. Audit Rights: Optional provisions allowing the discloser to audit the recipient's compliance with the agreement
5. Insurance Requirements: Specific insurance obligations for data protection, needed for high-risk or sensitive data
6. Third Party Rights: Required when third parties have rights or obligations related to the disclosed data
7. Data Monetization: Needed when there are provisions for commercial use or monetization of the data
8. Service Levels: Required when specific performance standards apply to data handling or processing
1. Schedule 1 - Disclosed Data: Detailed description of the data sets to be disclosed, including data fields, formats, and classification levels
2. Schedule 2 - Security Standards: Specific technical and organizational security measures required for data protection
3. Schedule 3 - Approved Recipients: List of authorized individuals or entities who may access the disclosed data
4. Schedule 4 - Data Processing Activities: Detailed description of permitted data processing activities and purposes
5. Appendix A - Data Transfer Methods: Technical specifications for secure data transfer methods and protocols
6. Appendix B - Breach Response Plan: Detailed procedures and contact information for data breach response
7. Appendix C - Privacy Impact Assessment: Assessment of privacy risks and mitigation strategies
8. Appendix D - Compliance Checklist: Checklist of compliance requirements and regular assessments
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