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A Data Sharing Agreement sets out the rules and safeguards when two or more organizations need to share personal or sensitive information. It maps out exactly how data will flow between parties, what they can do with it, and how they'll protect it under UK data protection laws.

These agreements help organizations comply with GDPR and the Data Protection Act 2018 while sharing information securely. They cover key points like the purpose of sharing, security measures, data retention periods, and each party's responsibilities. Public bodies, businesses, and charities in England and Wales use them to ensure lawful, transparent data handling and to maintain trust with their data subjects.

You need a Data Sharing Agreement when your organization plans to exchange personal data with another entity - for example, sharing patient records between NHS trusts, transferring employee information during a merger, or working with research partners on a joint project. It's especially crucial when handling sensitive data or when the sharing will happen regularly over time.

Put this agreement in place before any data changes hands. This timing helps you meet GDPR requirements, protect both organizations from liability, and give clear direction to staff handling the information. The agreement becomes particularly important when sharing data across different sectors, with international partners, or when dealing with special category data under UK law.

• Standard bilateral agreements between two organizations sharing data for a specific project or purpose
• Multi-party agreements for complex data sharing networks, like research consortiums or public sector partnerships
• Limited-scope agreements for one-time or temporary data transfers
• Controller-to-controller agreements when both parties independently determine how to use the shared data
• Controller-to-processor agreements where one party processes data on behalf of the other, following strict GDPR requirements
• Sector-specific agreements tailored to NHS, education, or financial services requirements under UK regulations

• Data Protection Officers: Lead the drafting and review process, ensuring compliance with UK data protection laws
• Legal Teams: Review and refine Data Sharing Agreements to protect organizational interests and ensure enforceability
• IT Security Teams: Implement technical safeguards and verify security measures outlined in the agreement
• Department Managers: Oversee practical implementation and staff training on data handling procedures
• Public Authorities: Share data with other agencies while maintaining regulatory compliance
• Private Companies: Exchange customer or operational data with partners, suppliers, or service providers
• Research Institutions: Collaborate on studies while protecting sensitive participant data

• Data Inventory: Map out exactly what personal data you'll share, its sensitivity level, and how it will be used
• Purpose Assessment: Document clear business reasons for sharing and confirm legal bases under UK GDPR
• Security Review: List technical and organizational measures for protecting data during transfer and storage
• Roles Definition: Clarify data controller and processor relationships between all parties involved
• Timeline Planning: Set data retention periods, review dates, and termination conditions
• Risk Assessment: Identify potential data protection risks and plan appropriate mitigation measures
• Stakeholder Input: Gather requirements from IT, legal, and operational teams before finalizing terms

• Parties and Purpose: Clear identification of all parties and specific objectives for data sharing
• Data Description: Detailed list of data types, categories, and processing activities covered
• Legal Basis: Explicit reference to GDPR Article 6 and relevant UK data protection law grounds
• Security Measures: Specific technical and organizational safeguards for data protection
• Data Subject Rights: Procedures for handling access requests and other individual rights
• Breach Protocol: Clear procedures for reporting and managing data breaches
• Duration and Termination: Agreement timeframe and conditions for ending the arrangement
• Governing Law: Explicit statement of English law jurisdiction and dispute resolution

A Data Sharing Agreement differs significantly from a Data Processing Agreement. While both deal with personal data under UK law, they serve distinct purposes and apply to different relationships.

• Purpose and Scope: Data Sharing Agreements govern the exchange of data between independent controllers, each with their own purposes for using the data. Data Processing Agreements specifically regulate how one party processes data on behalf of another.
• Legal Requirements: Data Processing Agreements are mandatory under GDPR Article 28 when using processors, while Data Sharing Agreements are recommended good practice for controller-to-controller transfers.
• Responsibilities: Data Sharing Agreements establish mutual obligations between equal partners. Processing Agreements create a hierarchical relationship where the processor must follow the controller's instructions.
• Content Focus: Data Sharing Agreements emphasize purpose, lawful bases, and shared responsibilities. Processing Agreements detail specific processing activities, security measures, and processor obligations.