All Countries
Data Management Agreement

Data Management Agreement Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Data Management Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Data Management Agreement

"I need a Data Management Agreement for my Australian fintech company that will be processing customer financial data through a cloud service provider in Singapore, with the agreement to commence from March 1, 2025."

Celebrated by
Collaborations with
Investors
Document background
The Data Management Agreement serves as a critical legal instrument for organizations operating in Australia that need to establish clear parameters for handling, processing, and protecting data. This agreement is essential when one party (the data controller) engages another party (the data processor) to perform data management services, ensuring compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles, and other relevant federal and state privacy laws. The document becomes particularly important in contexts involving sensitive personal information, cross-border data transfers, or complex data processing activities. It should be used whenever an organization outsources data processing activities, implements new data sharing arrangements, or establishes long-term data management relationships with third parties.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including data controller, data processor, and any third parties involved

2. Background: Context of the agreement, relationship between parties, and purpose of the data management arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terms

4. Scope and Purpose: Defines the scope of data management activities and permitted purposes for data processing

5. Data Protection Obligations: Core obligations regarding data protection, privacy compliance, and adherence to Australian Privacy Principles

6. Security Requirements: Mandatory security measures, protocols, and standards for protecting data

7. Data Handling Procedures: Procedures for collecting, processing, storing, and transmitting data

8. Breach Notification: Procedures and timeframes for reporting and managing data breaches

9. Audit and Compliance: Rights to audit and requirements for demonstrating compliance

10. Confidentiality: Obligations regarding confidentiality of data and business information

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Return or Destruction of Data: Requirements for handling data upon termination or expiry

13. General Provisions: Standard contractual provisions including governing law, dispute resolution, and amendment procedures

Optional Sections

1. Cross-border Data Transfers: Required when data may be transferred outside Australia, detailing compliance with international data transfer requirements

2. Subcontractor Management: Include when the data processor may engage subcontractors for data processing activities

3. Industry-Specific Compliance: Required for agreements in regulated industries like healthcare or financial services

4. Data Sovereignty: Include when specific data must be kept within Australian borders

5. Disaster Recovery: Optional detailed section on disaster recovery procedures when basic business continuity provisions are insufficient

6. Insurance Requirements: Specific insurance obligations beyond standard liability provisions

7. Service Level Agreements: Include when specific performance metrics for data management services need to be defined

8. Special Categories of Data: Required when handling sensitive personal information or other special categories of data

Suggested Schedules

1. Data Categories and Processing Activities: Detailed list of data types and permitted processing activities

2. Security Standards and Protocols: Technical and organizational security measures to be implemented

3. Service Levels and Performance Metrics: Specific service levels and KPIs for data management services

4. Fee Schedule: Pricing and payment terms for data management services

5. Approved Subcontractors: List of approved subcontractors and their roles

6. Technical Requirements: Detailed technical specifications for data management systems and processes

7. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency situations

8. Data Retention Schedule: Specific requirements for retention periods of different data categories

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Australian Privacy Principles
Authorised Personnel
Business Day
Business Hours
Commencement Date
Confidential Information
Data
Data Breach
Data Controller
Data Processing Activities
Data Processor
Data Protection Laws
Data Security Requirements
Data Subject
Disaster Recovery Plan
Emergency Contact
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Law
Losses
Material Breach
Notifiable Data Breach
Personal Information
Personnel
Privacy Act
Privacy Commissioner
Processing
Related Body Corporate
Security Incident
Sensitive Information
Services
Service Levels
Subcontractor
Term
Third Party
Working Hours
Clauses
Parties
Recitals
Definitions
Interpretation
Scope of Services
Term and Termination
Data Processing Obligations
Data Security
Privacy Compliance
Confidentiality
Access Control
Data Breach Notification
Audit Rights
Service Levels
Personnel Requirements
Subcontracting
Cross-border Data Transfers
Disaster Recovery
Business Continuity
Risk Management
Indemnification
Liability
Insurance
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Variation
Severability
Entire Agreement
Costs
Counterparts
Relevant Industries

Financial Services

Healthcare

Technology

Government

Education

Telecommunications

Professional Services

Research and Development

Retail

Insurance

Manufacturing

Mining and Resources

Relevant Teams

Legal

Information Technology

Compliance

Risk Management

Information Security

Data Management

Privacy

Operations

Procurement

Information Governance

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Information Security Manager

Compliance Manager

Legal Counsel

IT Director

Risk Manager

Data Manager

Chief Technology Officer

Privacy Counsel

Information Governance Manager

Operations Manager

Project Manager

Procurement Manager

Industries
Privacy Act 1988 (Cth): The primary federal legislation governing privacy and personal information handling in Australia, including the Australian Privacy Principles (APPs)
Notifiable Data Breaches (NDB) scheme: Part of the Privacy Act that establishes requirements for entities to notify affected individuals and the Privacy Commissioner about data breaches
State Privacy Laws (e.g., Privacy and Personal Information Protection Act 1998 NSW): State-specific privacy legislation that may apply depending on the jurisdiction and whether dealing with state government agencies
Consumer Data Right (CDR): Legislation giving consumers greater control over their data, particularly relevant if dealing with banking, energy, or telecommunications sectors
Electronic Transactions Act 1999: Provides the legal framework for electronic transactions and digital signatures in Australia
Spam Act 2003: Regulates electronic communications and may be relevant for data management involving electronic marketing or communications
Archives Act 1983: Relevant for long-term data retention requirements and management of records, particularly if dealing with government agencies
Competition and Consumer Act 2010: Includes provisions about misleading conduct and consumer guarantees that may affect data handling practices and agreements
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

Find the exact document you need

Personal Information Processing Agreement

An Australian law-governed agreement establishing terms for personal information processing between controllers and processors, ensuring compliance with the Privacy Act 1988 and APPs.

find out more

DPA Data Processing Addendum

An Australian-law compliant agreement that establishes terms for processing personal information under the Privacy Act 1988 and APPs, defining data handling obligations between controllers and processors.

find out more

Data Processing Agreement Addendum

An Australian-compliant addendum governing data processing responsibilities between controllers and processors under the Privacy Act 1988.

find out more

Joint Controller Agreement

An Australian law-governed agreement establishing rights and obligations between joint controllers of personal data under the Privacy Act 1988.

find out more

Intra Group Data Sharing Agreement

An Australian law-governed agreement regulating data sharing between entities within the same corporate group, ensuring compliance with privacy laws and data protection requirements.

find out more

Dpia Agreement

An Australian agreement governing the conduct of Data Protection Impact Assessments under the Privacy Act 1988 and related privacy laws.

find out more

Subprocessor Agreement

An Australian legal agreement governing data processing arrangements between a processor and subprocessor, ensuring compliance with Australian privacy laws and data protection requirements.

find out more

Master Data Protection Agreement

An Australian law-governed agreement establishing data protection obligations between parties, ensuring compliance with the Privacy Act 1988 and related privacy legislation.

find out more

Controller To Controller Data Processing Agreement

An Australian law-compliant agreement governing personal data sharing between two independent data controllers, ensuring Privacy Act 1988 and APP compliance.

find out more

Intra Group Data Transfer Agreement

An Australian law-compliant agreement governing data transfers between entities within the same corporate group, ensuring privacy law compliance and operational efficiency.

find out more

Data Management Agreement

An Australian law-governed agreement establishing data management and protection obligations between parties, ensuring compliance with Privacy Act 1988 and related legislation.

find out more

Intercompany Data Processing Agreement

An Australian law-governed agreement regulating data processing activities between related companies within the same corporate group.

find out more

Controller To Controller DPA

An Australian law-compliant agreement governing personal data sharing between two independent data controllers, ensuring Privacy Act compliance and data protection.

find out more

Intercompany Data Sharing Agreement

An Australian-law governed agreement for regulated data sharing between related corporate entities, incorporating privacy law compliance and data protection measures.

find out more

DPA Agreement

An Australian-law compliant agreement governing personal information processing between controllers and processors, ensuring adherence to the Privacy Act 1988 and APPs.

find out more

Third Party Data Processing Agreement

An Australian-compliant agreement governing the processing of personal information by third-party service providers under Privacy Act 1988 and APPs.

find out more

Data Transfer Addendum

An Australian law-compliant addendum governing data transfer arrangements between parties, ensuring compliance with the Privacy Act 1988 and APPs.

find out more

Supplier Data Processing Agreement

An Australian-law governed agreement setting out terms for processing personal information between an organization and its supplier, ensuring compliance with Australian privacy laws.

find out more

Controller Processor Agreement

An Australian law-compliant agreement governing the processing of personal data between a controller and processor, aligned with the Privacy Act 1988 and APPs.

find out more

Order Processing Agreement

An Australian-law governed agreement establishing terms for order processing services, including operational procedures, compliance requirements, and service levels.

find out more

Data Protection Agreement For Employees

An Australian-compliant employee data protection agreement establishing rights and obligations for handling personal information in the employment context.

find out more

Affiliate Addendum

An Australian law-governed addendum establishing terms and conditions for affiliate marketing relationships, including commercial terms and compliance requirements.

find out more

Sub Processing Agreement

An Australian-law governed agreement that establishes terms for sub-processing of personal data, ensuring compliance with privacy laws and data protection requirements.

find out more

International Data Transfer Agreement

An Australian law-compliant agreement governing cross-border data transfers, ensuring protection of personal information under the Privacy Act 1988 and APPs.

find out more

Data Transfer Agreement

An Australian law-governed agreement establishing terms for secure and compliant data transfer between organizations, ensuring adherence to Australian privacy regulations.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.