Data Disclosure Agreement

Data Disclosure Agreement Template for Denmark

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Document background

The Data Disclosure Agreement serves as a critical legal instrument for organizations operating under Danish jurisdiction that need to share sensitive, personal, or confidential data with other entities. This document type is essential when businesses, research institutions, or public bodies need to transfer data while ensuring compliance with the EU GDPR and Danish data protection laws. The agreement typically includes detailed provisions on data handling, security measures, confidentiality obligations, and compliance requirements. It's particularly relevant in scenarios involving cross-organizational collaboration, research projects, service provider relationships, or regulatory reporting where structured data sharing is necessary. The document addresses both the technical and legal aspects of data disclosure, incorporating Danish legal requirements and European data protection standards.

Suggested Sections

1. Parties: Identification of the data discloser and recipient, including registered addresses and company registration numbers

2. Background: Context of the data sharing relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific data types, processing activities, and technical terminology

4. Scope and Purpose: Detailed description of the data to be disclosed and permitted purposes for its use

5. Data Protection Obligations: GDPR and Danish law compliance requirements, including lawful basis for processing and data protection principles

6. Security Measures: Technical and organizational measures required to protect the disclosed data

7. Confidentiality: Obligations regarding maintaining confidentiality of the disclosed data

8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights

9. Breach Notification: Procedures and timeframes for reporting data breaches

10. Term and Termination: Duration of the agreement and conditions for termination

11. Return or Destruction of Data: Obligations regarding data handling upon termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when data will be transferred outside the EU/EEA, including transfer mechanisms and safeguards

2. Sub-processors: Include when the recipient may engage third parties to process the disclosed data

3. Audit Rights: Include when regular audits of data handling practices are required

4. Insurance Requirements: Include when specific insurance coverage for data protection is required

5. Data Protection Impact Assessment: Include when processing activities require DPIA under GDPR

6. Special Categories of Data: Include when sensitive personal data or criminal records are involved

7. Intellectual Property Rights: Include when the disclosed data includes or may generate intellectual property

8. Competition Law Compliance: Include when shared data might have competition law implications

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of data types, formats, and categories being disclosed

2. Schedule 2 - Technical and Security Requirements: Specific security measures, protocols, and standards to be implemented

3. Schedule 3 - Transfer Mechanisms: Details of data transfer methods and related security measures

4. Schedule 4 - Contact Points: List of key contacts for operational, technical, and legal matters

5. Schedule 5 - Processing Activities: Detailed description of all processing activities to be performed

6. Appendix A - Data Processing Agreement: Standard DPA terms if required under GDPR

7. Appendix B - Standard Contractual Clauses: EU SCCs if required for international transfers

8. Appendix C - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

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