The Data Use Agreement serves as a critical legal instrument for organizations in New Zealand that need to share data while maintaining compliance with privacy laws and protecting their interests. This document is essential when organizations need to transfer, process, or analyze data for specific purposes while ensuring appropriate safeguards are in place. It's particularly relevant given New Zealand's Privacy Act 2020 requirements and the increasing need for structured data sharing arrangements across various sectors. The agreement typically includes detailed provisions for data handling, security measures, permitted uses, and privacy protections, making it suitable for both domestic and international data sharing arrangements. Organizations should implement a Data Use Agreement when sharing sensitive, proprietary, or personal information, whether for research, commercial, or operational purposes.
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1. Parties: Identification of the data provider and data recipient, including full legal names and contact details
2. Background: Context of the agreement, relationship between parties, and purpose of data sharing
3. Definitions: Detailed definitions of key terms including 'Data', 'Permitted Purpose', 'Authorized Users', 'Privacy Laws', and other relevant terms
4. Purpose and Scope: Specific permitted uses of the data and scope of sharing arrangement
5. Data Description: Description of the data being shared, including data types, format, and delivery method
6. Privacy and Security Requirements: Obligations regarding data protection, security measures, and compliance with Privacy Act 2020
7. Use Restrictions: Specific restrictions on data use, prohibited activities, and handling requirements
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Return or Destruction of Data: Requirements for data handling upon agreement termination
10. Confidentiality: Obligations regarding confidentiality of the shared data
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard contractual terms including governing law, dispute reֱ, and entire agreement
1. International Transfer: Required when data will be transferred outside New Zealand, addressing compliance with Privacy Act 2020 cross-border requirements
2. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for sensitive data
3. Audit Rights: Rights and procedures for auditing data use compliance, recommended for sensitive data or regulatory requirements
4. Research Publication: Terms for publishing research results based on the data, needed for academic or research use
5. Cost and Payment: Include when there are fees associated with data sharing or processing
6. Sub-processors: Required when the data recipient will use third-party processors to handle the data
7. Insurance Requirements: Specific insurance obligations, recommended for high-risk or valuable data
1. Schedule 1 - Data Specification: Detailed technical specifications of the data, including field descriptions, format, and structure
2. Schedule 2 - Security Standards: Specific security requirements and standards that must be maintained
3. Schedule 3 - Authorized Users: List of authorized users or roles permitted to access the data
4. Schedule 4 - Processing Activities: Detailed description of permitted processing activities and purposes
5. Schedule 5 - Fee Schedule: If applicable, breakdown of fees and payment terms
6. Appendix A - Data Privacy Impact Assessment: Assessment of privacy risks and mitigation measures
7. Appendix B - Technical Safeguards: Detailed description of required technical security measures
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