Data Release Agreement Template for England and Wales

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Key Requirements PROMPT example:

Data Release Agreement

"I need a Data Release Agreement to share our clinical trial data with a research institution in Germany, ensuring compliance with GDPR and including specific provisions for special category health data, with the release planned for March 2025."

Document background
Data Release Agreements are essential when organizations need to share data in a controlled and compliant manner. This contract type is particularly relevant in today's data-driven economy, where the secure and lawful transfer of data is crucial. Under English and Welsh law, a Data Release Agreement provides the necessary framework to ensure compliance with UK GDPR and other data protection requirements, while clearly defining the rights and obligations of both the provider and recipient. It's commonly used when sharing datasets for research, analysis, or business purposes, and includes specific provisions for data security, usage limitations, and confidentiality.
Suggested Sections

1. Parties: Identification and details of the data provider and recipient

2. Background: Context of the data sharing arrangement and purpose

3. Definitions: Key terms used throughout the agreement

4. Purpose of Data Release: Specific permitted uses of the data

5. Data Description: Detailed description of data being shared

6. Data Protection Obligations: Compliance requirements with data protection laws

7. Security Measures: Required security standards and protocols

8. Term and Termination: Duration and termination provisions

Optional Sections

1. International Transfer Provisions: Additional provisions required when data will be transferred outside the UK

2. Special Category Data Provisions: Additional safeguards and requirements for handling sensitive personal data

3. Data Subject Rights: Procedures and responsibilities for handling data subject requests and rights

Suggested Schedules

1. Data Specification Schedule: Detailed technical specification of the data being shared including format, fields, and frequency

2. Security Requirements Schedule: Detailed security measures, standards and protocols required for data protection

3. Processing Activities Schedule: Comprehensive list of permitted processing activities and purposes

4. Contact Details Schedule: Key contacts for both parties including technical, legal and operational contacts

5. Standard Contractual Clauses: Standard contractual clauses for international data transfers where required

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
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation - The fundamental law governing data protection in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

Data Protection Act 2018: The UK's implementation of data protection law that complements the UK GDPR and provides additional local requirements and exemptions

PECR 2003: Privacy and Electronic Communications Regulations - Specific rules governing electronic communications, including electronic marketing and cookies

Freedom of Information Act 2000: Legislation providing public access to information held by public authorities, which may impact data sharing agreements involving public sector bodies

Environmental Information Regulations 2004: Regulations providing public access to environmental information held by public authorities and environmental information sharing requirements

Common Law Duty of Confidentiality: Legal principle requiring information shared in confidence to be treated as confidential and only disclosed with permission or legal requirement

Computer Misuse Act 1990: Law dealing with unauthorized access to computer systems and data, relevant for data security provisions

Human Rights Act 1998: Particularly Article 8 which provides the right to respect for private and family life, including data privacy

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

Health and Social Care Act 2012: Legislation governing healthcare data processing and sharing in the UK healthcare sector

Digital Economy Act 2017: Framework for digital service delivery and data sharing between public authorities

EU GDPR: European Union's General Data Protection Regulation - Relevant for data transfers between UK and EU, and companies operating in both jurisdictions

Standard Contractual Clauses: Legal mechanisms approved by regulatory authorities for ensuring adequate protection in international data transfers

Adequacy Decisions: Official determinations by regulatory authorities regarding whether a country provides adequate data protection levels for international transfers

ICO Guidelines: Guidance and codes of practice issued by the Information Commissioner's Office for compliance with UK data protection laws

EDPB Guidelines: European Data Protection Board guidelines providing interpretation and guidance on data protection requirements, relevant for UK-EU data flows

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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