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Data Security Agreement Template for England and Wales

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Key Requirements PROMPT example:

Data Security Agreement

I need a Data Security Agreement between my software development company and a cloud storage provider, with specific provisions for handling sensitive customer data and regular security audits, to be effective from March 2025.

Document background
This Data Security Agreement is designed for use when organizations need to establish formal arrangements for protecting sensitive data in accordance with UK law. The agreement is particularly relevant in light of increasing cyber security threats and stringent data protection requirements under UK GDPR and the Data Protection Act 2018. It sets out comprehensive security measures, breach notification procedures, and compliance obligations, making it essential for any data sharing or processing relationship. The agreement is governed by the laws of England and Wales and incorporates current best practices in data security and protection.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Data Security Requirements: Core security measures and standards to be implemented

5. Breach Notification Procedures: Process for reporting and handling security incidents

6. Compliance and Audit Rights: Monitoring and verification of security measures

7. Term and Termination: Duration and conditions for ending the agreement

Optional Sections

1. Cross-border Data Transfers: Additional requirements and safeguards for international data transfers outside the UK

2. Industry-Specific Requirements: Additional security measures for regulated industries such as financial services or healthcare

3. Sub-processor Requirements: Security obligations and requirements for third-party data processors

Suggested Schedules

1. Technical Security Requirements: Detailed technical specifications and standards for data security

2. Security Incident Response Plan: Detailed procedures and protocols for handling security breaches

3. Data Processing Activities: Comprehensive list of specific data processing activities covered under the agreement

4. Approved Sub-processors: List of authorized third-party data processors and their security requirements

5. Compliance Certification Requirements: Required security certifications, standards, and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

UK General Data Protection Regulation (UK GDPR): The UK's primary data protection legislation post-Brexit, setting out fundamental rights and principles for processing personal data in the UK

Data Protection Act 2018 (DPA 2018): The UK's implementation of data protection laws, complementing and supplementing the UK GDPR with national specifications

Privacy and Electronic Communications Regulations 2003 (PECR): Specific rules for privacy and electronic communications, including rules about cookies, marketing, and communication security

Network and Information Systems Regulations 2018 (NIS Regulations): Legislation aimed at improving the cybersecurity of essential services and important digital service providers

Computer Misuse Act 1990: Criminal law addressing unauthorized access to computer systems and data, relevant for security breach provisions

Human Rights Act 1998: Incorporates Article 8 (right to privacy) of the European Convention on Human Rights into UK law

Freedom of Information Act 2000: Regulates public access to information held by public authorities, relevant if public sector entities are involved

Regulation of Investigatory Powers Act 2000: Governs the interception of communications and use of surveillance, relevant for data monitoring provisions

Financial Services and Markets Act 2000: Regulatory framework for financial services, including specific data security requirements for financial institutions

ISO 27001: International standard for information security management systems, providing framework for data security controls

ICO Guidelines: Regulatory guidance from the Information Commissioner's Office on data protection and security compliance

NCSC Guidance: National Cyber Security Centre's recommendations and best practices for cybersecurity and data protection

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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