Data Release Agreement Template for Germany

The Data Release Agreement is essential for organizations operating under German jurisdiction that need to share or transfer data in a controlled and compliant manner. This document is particularly crucial in the context of German data protection laws, which implement some of Europe's strictest data protection requirements through the BDSG and GDPR. The agreement is typically used when valuable or sensitive data needs to be shared between organizations, whether for research, business collaboration, or service provision. It covers critical aspects such as data security measures, permitted uses, confidentiality obligations, and compliance requirements specific to German law. The document becomes especially relevant when dealing with personal data, trade secrets, or proprietary information that requires careful handling and protection.

1. Parties: Identification of the data provider and recipient, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of key terms including 'Data', 'Confidential Information', 'Permitted Purpose', 'Authorized Users', and other relevant terms

4. Scope and Purpose: Detailed description of the data to be released and the specific permitted purposes for its use

5. Data Protection Compliance: GDPR and BDSG compliance measures, including legal basis for processing and data protection principles

6. Data Security Measures: Technical and organizational measures required for data protection and security

7. Use Restrictions: Limitations on data use, prohibited activities, and restrictions on sharing or reproduction

8. Confidentiality Obligations: Confidentiality requirements and handling of sensitive information

9. Duration and Termination: Term of the agreement, termination conditions, and post-termination obligations

10. Return or Destruction of Data: Procedures for returning or destroying data upon termination or request

11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification provisions

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes