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Data Agreement
"I need a Data Agreement for my healthcare software company to process patient data on behalf of three Auckland medical clinics, complying with NZ healthcare regulations and starting from March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names, registered addresses, and company numbers
2. Background: Context of the agreement, relationship between parties, and purpose of data sharing/processing
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms and data-related concepts
4. Scope and Purpose: Specific details about what data will be shared/processed and for what purposes
5. Data Protection Obligations: Core obligations regarding data protection, including compliance with the Privacy Act 2020
6. Data Security Requirements: Mandatory security measures and protocols for protecting data
7. Data Processing Terms: Specific terms governing how data can be processed, stored, and managed
8. Confidentiality: Provisions regarding confidentiality of shared data and business information
9. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Post-Termination Obligations: Obligations regarding data handling after agreement ends
12. General Provisions: Standard contractual terms including governing law, dispute resolution, and entire agreement
1. International Data Transfers: Required when data will be transferred outside of New Zealand, addressing compliance with international data protection requirements
2. Special Categories of Data: Include when dealing with sensitive personal information such as health data, biometric data, or financial information
3. Sub-processing: Include when either party may engage sub-processors to handle the data
4. Data Subject Rights: Detailed procedures for handling data subject requests when processing personal data
5. Audit Rights: Include when regular audits of data handling practices are required
6. Insurance Requirements: Include when specific insurance coverage for data-related risks is required
7. Service Level Agreement: Include when specific performance metrics for data processing or availability are required
8. Business Continuity: Include when detailed disaster recovery and business continuity plans are necessary
1. Schedule 1 - Data Processing Details: Detailed description of data types, processing activities, and purposes
2. Schedule 2 - Security Measures: Specific technical and organizational security measures required
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their roles (if applicable)
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers (if applicable)
5. Schedule 5 - Data Retention Schedule: Specific retention periods for different types of data
6. Schedule 6 - Contact Details: Key contacts for operational, technical, and legal matters
7. Appendix A - Data Flow Diagram: Visual representation of how data flows between parties
8. Appendix B - Incident Response Plan: Detailed procedures for responding to data security incidents
Authors
Technology
Healthcare
Financial Services
Education
Telecommunications
Professional Services
Government
Research & Development
Retail
Manufacturing
Insurance
Media & Entertainment
Transportation & Logistics
Energy & Utilities
Legal
Information Technology
Compliance
Information Security
Risk Management
Operations
Data Analytics
Privacy
Information Governance
Digital Transformation
Procurement
Business Development
Research & Development
Chief Information Officer
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Risk Manager
Operations Manager
Chief Technology Officer
Data Manager
Business Development Manager
Contract Manager
Chief Privacy Officer
Information Governance Manager
Digital Transformation Manager
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