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Personal Data Sharing Agreement Template for United States

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Key Requirements PROMPT example:

Personal Data Sharing Agreement

"I need a Personal Data Sharing Agreement for my healthcare software company to share patient data with our analytics provider in California, ensuring HIPAA compliance and including specific provisions for handling sensitive medical information."

Document background
The Personal Data Sharing Agreement is essential for organizations in the United States that need to share personal data while maintaining compliance with privacy regulations. This document is particularly important given the complex landscape of federal and state privacy laws, including the FTC Act, CCPA, and industry-specific regulations like HIPAA and GLBA. It establishes clear protocols for data handling, security measures, and responsible parties while addressing compliance requirements across different jurisdictions.
Suggested Sections

1. Parties: Identification of data controller and data processor/recipient

2. Background: Context and purpose of the data sharing arrangement

3. Definitions: Key terms including Personal Data, Processing, Controller, Processor, Applicable Laws

4. Purpose of Data Sharing: Specific purposes for which data will be shared and processed

5. Data Protection Obligations: Security measures, compliance requirements, and data protection standards

6. Term and Termination: Duration of agreement and conditions for termination

7. Confidentiality: Requirements for maintaining data confidentiality and non-disclosure obligations

Optional Sections

1. International Transfer Provisions: Required when data crosses international borders, including safeguards and compliance measures

2. Industry-Specific Compliance: Additional requirements for specific sectors (healthcare, financial, educational)

3. Sub-processor Provisions: Rules and requirements for engaging additional data processors

Suggested Schedules

1. Schedule 1: Data Categories: Detailed list of personal data types being shared and processed

2. Schedule 2: Security Measures: Technical and organizational security requirements and controls

3. Schedule 3: Processing Instructions: Specific instructions for data handling and processing activities

4. Appendix A: Data Transfer Impact Assessment: Risk assessment and mitigation measures for data transfers

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

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Industries

FTC Act: Federal Trade Commission Act, particularly Section 5, which governs unfair or deceptive practices in privacy and data security matters

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - serve as de facto national standards for consumer privacy protection in the United States

GLBA: Gramm-Leach-Bliley Act - regulates the collection, use, and disclosure of financial information

HIPAA: Health Insurance Portability and Accountability Act - governs the protection and privacy of medical and health information

COPPA: Children's Online Privacy Protection Act - regulates the collection and use of personal information from children under 13 years of age

FERPA: Family Educational Rights and Privacy Act - protects the privacy of student education records in educational institutions

FCRA: Fair Credit Reporting Act - regulates the collection, dissemination, and use of consumer credit information

State Data Breach Laws: Various state-specific laws requiring notification of security breaches involving personal information

State Privacy Laws: State-specific privacy regulations such as Virginia's Consumer Data Protection Act (CDPA) and Colorado's Privacy Act (CPA)

GDPR Considerations: General Data Protection Regulation compliance requirements if EU residents' data is involved in cross-border transfers

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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