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Data Management Agreement for the United Kingdom

Data Management Agreement Template for England and Wales

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Data Management Agreement

"I need a Data Management Agreement for my medical research company to process patient data from three UK hospitals, ensuring compliance with healthcare regulations and including specific clauses for sensitive medical data handling starting March 2025."

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What is a Data Management Agreement?

This Data Management Agreement is essential when organizations engage in data processing activities that require formal documentation of responsibilities and compliance measures. It is specifically designed for use under English and Welsh law and incorporates requirements from UK GDPR and the Data Protection Act 2018. The agreement is crucial for establishing clear protocols for data handling, security measures, and compliance responsibilities between controllers and processors.

What sections should be included in a Data Management Agreement?

1. Parties: Identification of contracting parties and their registered details

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Data Processing: Details of what data will be processed and for what purposes

5. Data Protection Obligations: Core obligations regarding data handling and protection

6. Security Measures: Required technical and organizational security measures

7. Breach Notification: Procedures and timelines for reporting data breaches

8. Audit Rights: Rights and procedures for conducting compliance audits

9. Term and Termination: Duration of the agreement and termination provisions

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

11. Governing Law and Jurisdiction: Specification of applicable law and courts

What sections are optional to include in a Data Management Agreement?

1. International Transfers: Provisions governing cross-border data transfers and required safeguards

2. Sub-processing: Terms and conditions for engaging and managing sub-processors

3. Industry-Specific Compliance: Additional requirements for regulated sectors like healthcare or financial services

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

What schedules should be included in a Data Management Agreement?

1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data, and purposes

2. Schedule 2 - Security Measures: Detailed technical and organizational security requirements and controls

3. Schedule 3 - Sub-processor List: List of approved sub-processors and their roles

4. Schedule 4 - Transfer Mechanisms: Details of international transfer safeguards and mechanisms

5. Schedule 5 - Data Breach Response Plan: Detailed procedures and contact information for breach response

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Industries

UK GDPR: UK General Data Protection Regulation - The primary data protection legislation in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

Data Protection Act 2018: The UK's implementation of data protection legislation that works alongside the UK GDPR, providing specific data processing requirements and exceptions

PECR 2003: Privacy and Electronic Communications Regulations - Specific rules for privacy in electronic communications, including rules on cookies, marketing calls and emails

NIS Regulations 2018: Network and Information Systems Regulations - Requirements for essential services operators and digital service providers regarding network and information security

Financial Services and Markets Act 2000: Regulatory framework for financial services sector, including specific requirements for data handling in financial institutions

Health and Social Care Act 2012: Legislation governing healthcare data processing and management in the UK healthcare sector

Digital Economy Act 2017: Framework for digital service provision and data sharing between public authorities

International Data Transfer Mechanisms: Post-Brexit requirements for transferring data internationally, including adequacy decisions and Standard Contractual Clauses

EU GDPR: European Union General Data Protection Regulation - Relevant when dealing with EU data subjects or operating in EU markets

Common Law Principles: Fundamental legal principles including contract law, confidentiality obligations, and duty of care under English and Welsh law

ICO Guidelines: Regulatory guidance from the Information Commissioner's Office on data protection and privacy compliance

EDPB Guidelines: European Data Protection Board guidelines which may be relevant for UK organizations dealing with EU data or operations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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