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Privacy Disclosure Agreement for the United States

Privacy Disclosure Agreement Template for United States

A Privacy Disclosure Agreement is a legally binding document used in the United States that outlines how an organization collects, uses, stores, and protects personal information. It ensures compliance with federal privacy laws including the Privacy Act of 1974, CCPA, and other state-specific regulations. This agreement serves as a transparent communication tool between data controllers and data subjects, detailing data handling practices and subject rights.

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What is a Privacy Disclosure Agreement?

The Privacy Disclosure Agreement has become increasingly critical in the United States due to evolving privacy regulations and growing concerns about data protection. This document is essential when organizations collect, process, or store personal information, requiring transparent disclosure of data handling practices. It addresses compliance with various U.S. federal and state privacy laws, including CCPA and GLBA, while providing clear information about data collection purposes, security measures, and individual rights. Organizations typically implement this agreement as part of their privacy compliance framework, particularly when handling sensitive personal information or operating across multiple jurisdictions.

What sections should be included in a Privacy Disclosure Agreement?

1. Parties: Identification of the parties entering into the agreement

2. Background: Context and purpose of the privacy disclosure agreement

3. Definitions: Key terms used throughout the agreement including Personal Data, Processing, Data Subject, Controller, Processor

4. Types of Information Collected: Detailed listing of personal data categories collected and processed

5. Purpose of Collection: Explanation of how collected information will be used and legal basis for processing

6. Data Protection Measures: Security measures implemented to protect personal information

7. Data Subject Rights: Rights of individuals regarding their personal information including access, correction, deletion

8. Data Retention: Period for which personal data will be stored and criteria for determining retention

9. Disclosure to Third Parties: Circumstances under which personal data may be shared with third parties

What sections are optional to include in a Privacy Disclosure Agreement?

1. International Data Transfers: Provisions for cross-border data transfers and applicable safeguards

2. Special Categories of Data: Specific provisions for handling sensitive personal information such as health data or biometric data

3. Children's Privacy: Special provisions for handling personal data of children under 13 years of age

4. Automated Decision Making: Information about automated decision-making processes and profiling activities

5. Cookie Policy: Details about the use of cookies and similar tracking technologies

What schedules should be included in a Privacy Disclosure Agreement?

1. Schedule A - Data Processing Activities: Detailed inventory of specific data processing activities and purposes

2. Schedule B - Technical and Organizational Security Measures: Comprehensive list of security measures implemented to protect personal data

3. Schedule C - Approved Subprocessors: List of authorized third-party data processors and their roles

4. Schedule D - Data Breach Response Plan: Procedures and protocols for handling personal data breaches

5. Schedule E - Data Subject Request Procedures: Detailed procedures for handling data subject access requests and other rights exercises

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses




































Industries

CCPA: California Consumer Privacy Act - Comprehensive privacy law protecting California residents' personal information and providing them with specific rights regarding their data

Privacy Act of 1974: Federal law establishing a code of fair information practices governing the collection, maintenance, use, and dissemination of personal information maintained by federal agencies

GLBA: Gramm-Leach-Bliley Act - Requires financial institutions to explain their information-sharing practices and protect sensitive data

HIPAA: Health Insurance Portability and Accountability Act - Provides data privacy and security provisions for safeguarding medical information

COPPA: Children's Online Privacy Protection Act - Federal law protecting the privacy of children under 13 years of age online

FTC Act Section 5: Federal Trade Commission Act Section 5 - Prohibits unfair or deceptive practices in privacy and data security matters

CAN-SPAM Act: Law setting rules for commercial email practices and giving recipients the right to stop unwanted email marketing

VCDPA: Virginia Consumer Data Protection Act - Comprehensive privacy law providing Virginia residents with rights over their personal data

CPA: Colorado Privacy Act - Provides Colorado residents with privacy rights and imposes obligations on businesses processing their personal data

CTDPA: Connecticut Data Privacy Act - Establishes privacy rights for Connecticut residents and requirements for businesses handling their personal data

UCPA: Utah Consumer Privacy Act - Provides privacy protections for Utah residents and regulates how businesses handle their personal information

PCI DSS: Payment Card Industry Data Security Standard - Security standards designed to ensure companies process, store, and transmit credit card information securely

FERPA: Family Educational Rights and Privacy Act - Federal law protecting the privacy of student education records

GDPR: General Data Protection Regulation - EU law on data protection and privacy that may affect US companies dealing with EU residents' data

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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