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A Data Sharing Agreement sets out clear rules for how organizations exchange and use each other's data, protecting both parties under Nigerian data protection laws. It spells out who can access the shared data, what they can do with it, and how they must keep it secure under the Nigeria Data Protection Regulation (NDPR).

These agreements help Nigerian businesses, government agencies, and research institutions collaborate safely while respecting privacy rights. They include key details like data security standards, transfer methods, access limitations, and what happens when the sharing period ends. Good agreements also outline how to handle data breaches and resolve disputes under local jurisdiction.

Use a Data Sharing Agreement when your organization needs to exchange sensitive information with other entities in Nigeria. This includes situations like sharing customer databases with service providers, transferring research data between universities, or exchanging health records between medical facilities under NDPR requirements.

The agreement becomes essential before starting any data exchange that involves personal information, trade secrets, or confidential business data. It's particularly important for cross-border data transfers, collaborative research projects, or when working with government agencies. Having this agreement in place protects both parties and ensures compliance with Nigerian privacy laws from day one of the partnership.

• Basic Data Exchange: Simple agreements for one-time or limited data sharing between two Nigerian organizations, often used by small businesses
• Multi-Party Research: Complex agreements for academic or medical research collaborations involving multiple institutions and detailed data handling protocols
• Commercial Partnership: Focused on business-to-business data sharing with specific revenue-sharing and commercial use provisions
• Government Agency: Structured agreements for sharing data with Nigerian public sector entities, incorporating additional security and sovereignty requirements
• Cross-Border Transfer: Specialized agreements ensuring NDPR compliance when sharing data between Nigerian and international organizations

• Data Controllers: Organizations that own and share their data, like banks, hospitals, or research institutions, who initiate Data Sharing Agreements
• Data Processors: Third-party service providers who receive and process data under strict NDPR guidelines
• Legal Teams: In-house counsel or external law firms who draft and review agreements to ensure compliance
• Compliance Officers: Internal staff who monitor adherence to sharing terms and data protection requirements
• IT Departments: Technical teams implementing security measures and managing data transfer protocols
• Regulatory Bodies: NITDA and other authorities who enforce data protection standards

• Identify Data Types: List all categories of data to be shared, including personal, commercial, or sensitive information
• Define Purpose: Clearly outline why data sharing is needed and how it will be used by each party
• Security Details: Document specific security measures, encryption standards, and access controls that align with NDPR requirements
• Party Information: Gather full legal names, contact details, and roles of all organizations involved
• Transfer Methods: Specify secure data transfer protocols and approved transmission channels
• Timeline Planning: Set clear start dates, review periods, and data retention/deletion schedules
• Compliance Check: Review against NDPR requirements and sector-specific regulations

• Party Details: Full legal names, addresses, and registration numbers of all organizations involved
• Purpose Statement: Clear description of data sharing objectives and permitted uses under NDPR
• Data Scope: Detailed specification of data types, formats, and classification levels
• Security Measures: Required safeguards, encryption standards, and access control protocols
• Transfer Methods: Approved channels and procedures for data transmission
• Breach Protocol: Notification requirements and response procedures
• Duration Terms: Agreement period, renewal conditions, and termination rights
• Governing Law: Nigerian jurisdiction and dispute resolution mechanisms
• Signatures: Authorized signatories and execution requirements

A Data Sharing Agreement differs significantly from a Data Processing Agreement in several key ways, though both play crucial roles in Nigerian data protection compliance. While sharing agreements focus on the exchange of data between equal parties, processing agreements govern how one party handles data on behalf of another.

• Purpose and Scope: Data Sharing Agreements cover mutual exchange of information between independent controllers, while Data Processing Agreements establish a controller-processor relationship where one party processes data under another's instructions
• Legal Obligations: Processing agreements include specific NDPR processor obligations and liability terms, while sharing agreements focus on mutual responsibilities and equal data protection duties
• Control Level: In sharing agreements, both parties maintain independent control over their use of the data, whereas processing agreements restrict the processor's authority to handle data only as instructed
• Liability Structure: Sharing agreements typically have balanced liability terms, while processing agreements place primary responsibility on the processor for data security