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Data Use Agreement

Data Use Agreement Template for South Africa

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for sharing patient data between our hospital and a medical research institution in Cape Town, with extra provisions for handling sensitive health information and ensuring POPIA compliance, to be implemented by March 2025."

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Document background
A Data Use Agreement is essential for organizations operating in South Africa that need to share, process, or receive data from other entities. This document is particularly crucial given the requirements of the Protection of Personal Information Act (POPIA) and related data protection regulations in South Africa. It should be used whenever there is a need to transfer or provide access to personal information, sensitive data, or proprietary information between parties. The agreement typically includes detailed provisions on data security measures, processing limitations, confidentiality requirements, and compliance obligations. It's especially important for cross-organizational collaborations, research projects, service provider relationships, and any situation where data sharing needs to be formally governed and documented. The agreement helps organizations demonstrate compliance with South African data protection laws while protecting their interests and maintaining control over their data assets.
Suggested Sections

1. Parties: Identification of the data provider and data recipient, including registration details and designated representatives

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, including 'personal information', 'processing', 'data subject' as per POPIA

4. Purpose and Scope: Specific purposes for which the data may be used and scope of permitted activities

5. Data Description: Description of the categories of data to be shared and processed

6. Duration: Term of the agreement and conditions for renewal or termination

7. Data Protection Obligations: Security measures, confidentiality requirements, and compliance with POPIA principles

8. Rights and Responsibilities: Detailed obligations of each party regarding data handling, security, and breach notification

9. Security Measures: Specific technical and organizational measures required to protect the data

10. Breach Notification: Procedures and timeframes for reporting data breaches

11. Audit Rights: Rights of the data provider to audit compliance and requirements for documentation

12. Termination: Grounds for termination and procedures for data deletion or return

13. General Provisions: Standard clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-Border Transfers: Required when data will be transferred outside South Africa, including compliance with POPIA's cross-border transfer requirements

2. Special Personal Information: Required when processing special categories of personal information as defined in POPIA

3. Sub-processors: Required when the data recipient intends to use third-party processors

4. Data Subject Rights: Detailed procedures for handling data subject requests when direct interaction with data subjects is anticipated

5. Insurance Requirements: Specific insurance obligations when handling high-risk or valuable data

6. Costs and Fees: Required when there are charges associated with data processing or sharing

7. Research Use: Special conditions for research purposes, including anonymization requirements

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed description of data elements, format, and transfer methods

2. Schedule 2 - Security Standards: Specific technical and organizational security measures required

3. Schedule 3 - Processing Activities: Detailed list of permitted processing activities and purposes

4. Schedule 4 - Contact Details: Key contacts for operational, technical, and legal matters

5. Schedule 5 - Service Levels: Performance metrics and response times for data-related services

6. Appendix A - Data Transfer Methods: Technical specifications for secure data transfer

7. Appendix B - Breach Response Plan: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions











































Clauses































Relevant Industries

Healthcare

Financial Services

Education

Research and Development

Technology

Telecommunications

Professional Services

Government and Public Sector

Insurance

Pharmaceutical

Market Research

Retail

Manufacturing

Non-profit Organizations

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Risk Management

Research and Development

Operations

Privacy

Information Management

Project Management

Business Development

Data Analytics

Systems Administration

Records Management

Relevant Roles

Chief Information Officer

Data Protection Officer

Information Officer

Legal Counsel

Privacy Manager

Compliance Officer

IT Security Manager

Research Director

Data Manager

Chief Technology Officer

Risk Manager

Information Security Officer

Business Development Manager

Project Manager

Operations Manager

Chief Privacy Officer

Research Coordinator

Data Analyst

Systems Administrator

Information Management Officer

Industries





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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