Data Release Agreement

Data Release Agreement Template for Denmark

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Document background

The Data Release Agreement is a crucial legal instrument used when organizations need to share or transfer data under Danish jurisdiction. It is particularly relevant in situations where structured data transfers need to occur while maintaining compliance with the Danish Data Protection Act and EU GDPR. This document type is essential for organizations that need to share personal data, proprietary information, or sensitive business data with third parties, whether for research, commercial, or operational purposes. The agreement ensures that both parties understand their obligations regarding data protection, security measures, and permitted uses of the data. It includes specific provisions required under Danish law and EU regulations, making it suitable for both domestic and international data transfers involving Danish entities. The Data Release Agreement should be used whenever there is a need to formalize and regulate the transfer of data between organizations, ensuring appropriate safeguards are in place and legal compliance is maintained.

Suggested Sections

1. Parties: Identification of the data discloser and recipient, including their legal status and contact details

2. Background: Context of the agreement, purpose of the data release, and relationship between the parties

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

4. Purpose and Scope: Detailed description of the permitted uses of the data and scope of the release

5. Data Description: Specific description of the data being released, including categories, format, and delivery method

6. Legal Basis for Processing: Clear statement of the legal grounds for data processing under GDPR and Danish law

7. Data Protection Obligations: Obligations of the recipient regarding data protection, security measures, and compliance

8. Confidentiality: Confidentiality obligations regarding the released data and any associated information

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

10. Return or Deletion of Data: Obligations regarding data handling upon termination or expiry

11. Liability and Indemnities: Allocation of risks and responsibilities between parties

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. International Transfer Mechanisms: Required when data will be transferred outside the EU/EEA, including appropriate safeguards

2. Commercial Terms: Include when the data release involves payment or other commercial considerations

3. Audit Rights: Optional provisions for audit and inspection rights, particularly relevant for high-risk data

4. Sub-processing: Include when the recipient may need to engage other parties to process the data

5. Intellectual Property Rights: Required when the released data includes or could generate intellectual property

6. Insurance Requirements: Include for high-value or high-risk data releases

7. Data Breach Notification: Detailed breach notification procedures, recommended for sensitive data

8. Force Majeure: Optional clause for circumstances beyond parties' control

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed technical specification of the data being released, including format, fields, and structure

2. Schedule 2 - Security Measures: Technical and organizational security measures required for data protection

3. Schedule 3 - Processing Activities: Detailed description of all processing activities to be performed on the data

4. Schedule 4 - Transfer Mechanism Documentation: Required documentation for international transfers (e.g., Standard Contractual Clauses)

5. Schedule 5 - Contact Points: List of key contacts and escalation procedures for both parties

6. Appendix A - Data Protection Impact Assessment: Summary or full DPIA if required for the specific data processing

7. Appendix B - Compliance Documentation: Relevant certificates, policies, or other compliance documentation

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