Data Agreement Template for England and Wales

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Key Requirements PROMPT example:

Data Agreement

"I need a Data Agreement for my software company to process customer data on behalf of a retail client, including international transfers to our servers in the USA, starting from March 2025."

Document background
This Data Agreement is designed for use when organizations need to establish clear terms for sharing, processing, or managing data under English and Welsh law. The agreement addresses requirements under UK GDPR and the Data Protection Act 2018, specifying data handling procedures, security measures, and compliance obligations. It's particularly crucial when organizations are sharing sensitive information, engaging in data processing activities, or establishing controller-processor relationships. The Data Agreement serves as a comprehensive framework for ensuring compliant and secure data handling practices.
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 Protection Obligations: Core obligations regarding data processing, security, and compliance

5. Data Processing Details: Specific details about what data is being processed, how, and why

6. Security Measures: Required technical and organizational measures

7. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. International Transfers: Required if data will be transferred outside the UK

2. Sub-processing: Rules for engaging sub-processors, required when processor may need to engage other processors

3. Audit Rights: Rights to audit compliance, included when one party needs to verify the other's compliance

Suggested Schedules

1. Processing Schedule: Detailed description of processing activities, categories of data, purposes

2. Security Schedule: Detailed security requirements and measures

3. Sub-processor List: List of approved sub-processors if applicable

4. Technical Requirements: Specific technical requirements for data handling and security

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

Relevant legal definitions
Industries

UK General Data Protection Regulation (UK GDPR): The UK's primary data protection legislation that governs the processing of personal data, implementing similar provisions to the EU GDPR but tailored for the UK context.

Data Protection Act 2018 (DPA 2018): The UK's implementation of data protection legislation that complements the UK GDPR and provides additional data protection requirements specific to the UK.

Privacy and Electronic Communications Regulations 2003 (PECR): Regulations governing privacy and electronic communications, including rules on cookies, electronic marketing, and communication services.

Freedom of Information Act 2000: Legislation providing public access to information held by public authorities, relevant when one party to the agreement is a public body.

Network and Information Systems Regulations 2018: Regulations aimed at improving the cybersecurity of networks and information systems critical to UK services.

Common law duty of confidentiality: Legal principle requiring information shared in confidence to be kept confidential, derived from case law rather than statute.

Consumer Rights Act 2015: Legislation protecting consumer rights, relevant when data agreements involve consumer personal data or consumer services.

International data transfer mechanisms: Framework under UK GDPR governing how personal data can be transferred outside the UK while maintaining adequate protection.

UK Adequacy decisions: Determinations by the UK government about which countries provide adequate data protection levels for international transfers.

UK Standard Contractual Clauses: Standard contract terms approved for use in international data transfers from the UK to third countries.

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

Health and Social Care Act 2012: Legislation governing healthcare services and the handling of healthcare data in England and Wales.

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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