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Non Disclosure Agreement For Data Sharing Template for England and Wales

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Key Requirements PROMPT example:

Non Disclosure Agreement For Data Sharing

"I need a Non Disclosure Agreement For Data Sharing between our healthcare software company and a research institution, covering the sharing of anonymized patient data for a clinical trial starting in March 2025, with specific provisions for GDPR compliance and data security measures."

Document background
This Non-Disclosure Agreement For Data Sharing is designed for situations where organizations need to share sensitive or confidential data while maintaining legal compliance and security. It is particularly relevant in the context of English and Welsh law, incorporating requirements from UK GDPR, Data Protection Act 2018, and Trade Secrets Regulations. The agreement is essential for protecting proprietary information, ensuring appropriate data handling, and establishing clear responsibilities and obligations for all parties involved in data sharing activities.
Suggested Sections

1. Parties: Identifies the contracting parties and their details

2. Background: Sets out context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including Confidential Information, Data Protection Laws, Personal Data

4. Confidentiality Obligations: Core obligations regarding confidential information, non-disclosure commitments, and permitted disclosures

5. Permitted Use: Specifies allowed uses of shared data and restrictions on use

6. Data Protection: Compliance with data protection laws, including GDPR requirements and data processing obligations

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Return/Destruction of Information: Obligations regarding handling of confidential information upon termination

Optional Sections

1. Security Requirements: Specific technical and organizational security measures required for data protection

2. Audit Rights: Rights to audit compliance with the agreement and data protection obligations

3. International Transfer Provisions: Provisions governing the transfer of data outside the UK

4. Sub-processor Provisions: Requirements and restrictions for engaging third-party data processors

Suggested Schedules

1. Schedule 1 - Description of Shared Data: Detailed description of the data being shared including categories of personal data if applicable

2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures to be implemented

3. Schedule 3 - Approved Sub-processors: List of approved third-party processors and their roles

4. Schedule 4 - Data Processing Agreement: Detailed terms for data processing activities if required under GDPR

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

























Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: Key data protection legislation that governs how personal data must be processed, stored, and shared in the UK following Brexit

Data Protection Act 2018: The UK's implementation of data protection law, working alongside UK GDPR to regulate personal data processing

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic communications and data sharing in the UK

Misrepresentation Act 1967: Governs false statements made during contract formation that could affect the NDA's validity

Contract Rights of Third Parties Act 1999: Determines how third parties may enforce terms of a contract, relevant for data sharing agreements

Trade Secrets (Enforcement, etc.) Regulations 2018: Provides legal framework for protecting trade secrets and confidential information

Competition Act 1998: Ensures data sharing arrangements don't create anti-competitive practices

Enterprise Act 2002: Relevant for market sharing aspects and competition law considerations in data sharing

Financial Services and Markets Act 2000: Specific regulations for sharing financial data and information

Health and Social Care Act 2012: Governs the sharing of healthcare-related data and information

Freedom of Information Act 2000: Relevant when public sector bodies are involved in data sharing agreements

Human Rights Act 1998: Ensures data sharing practices respect fundamental human rights, particularly privacy rights

European Union (Withdrawal) Act 2018: Defines how EU-derived legislation continues to apply in UK law post-Brexit

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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