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Data Sharing Agreement

A Data Sharing Agreement is a document that outlines an agreement between two parties who wish to share confidential data.

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4.0 (3 reviews)

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Last updated December 20, 2024

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Under 10 minutes

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Suitable for Australia

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Written by

Edwin Montoya Zorrilla

Reviewed by

Damin Murdock

Document Overview

The parties may be individuals, businesses, or other types of organisations. Data Sharing is typically done over a fixed period of time, with limitations on how the data can be used by the party receiving the data. This document also includes provisions for Data Breach liability in case shared data is leaked to unauthorised persons or organisations. 

Use this Data Sharing Agreement if:

  • If you own or have rights to confidential data
  • If you wish to share this data to another party as part of a collaborative project
  • You wish to limit the other Party’s rights to use and store the data at the end of the project

What does this document cover?

  • Terms and Conditions of Data Sharing
  • Terms of Liability for data breach and unauthorised data use.

For more information:

The Legal Risk Score of a Data Sharing Agreement Template

Our legal team have marked this document as low risk considering:

  • There is a risk associated with the management of data breaches, as handling them improperly could lead to significant legal and financial repercussions.
  • The agreement limits data usage strictly to the purposes outlined, which might restrict flexibility in utilizing the data for unforeseen but potentially beneficial uses.
  • The document specifies that all intellectual property created during the course of the agreement will be governed by a separate agreement, which could lead to uncertainties or conflicts regarding ownership rights if not properly managed.
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Data Sharing Agreement Checklist

Complete your free Data Sharing Agreement with our checklist

Verify Rights to Share Data

Ensure that both parties have and maintain the unqualified rights to share the data as stipulated, to comply with the initial conditions of the agreement.

Confidentiality Assurance

Take reasonable steps to ensure that the data is accessed only by individuals listed in the Access List, maintaining the confidentiality agreed upon.

Prepare for Intellectual Property Management

Set up a separate agreement for managing any intellectual property created during the course of this agreement, to prevent future disputes or confusion.

Data Breach Response Plan

Develop and rehearse a response plan for potential data breaches, including immediate notification and remedial steps, to mitigate risks effectively.

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What does this document cover?

  • Terms and Conditions of Data Sharing
  • Terms of Liability for data breach and unauthorised data use.

For more information:

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