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NDA For Data Sharing
"I need an NDA for Data Sharing to protect healthcare data being shared between my Indian pharmaceutical company and a US-based research institution, starting March 2025, with specific provisions for cross-border data transfers and compliance with both Indian and US healthcare regulations."
1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, purpose of data sharing, and relationship between the parties
3. Definitions: Detailed definitions including 'Confidential Information', 'Data', 'Personal Data', 'Processing', 'Security Measures', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and data covered under the agreement
5. Purpose and Permitted Use: Specific purposes for which the confidential information and data may be used
6. Data Protection Obligations: Obligations regarding handling of personal data, compliance with Indian data protection laws
7. Security Measures: Required technical and organizational security measures for protecting shared data
8. Confidentiality Obligations: Core confidentiality obligations, including non-disclosure and non-use provisions
9. Return or Destruction of Data: Procedures for returning or destroying confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach Notification: Requirements and procedures for notifying data breaches or security incidents
12. General Provisions: Standard legal provisions including governing law, jurisdiction, amendments, and notices
1. Cross-Border Data Transfer: Required when data will be transferred outside India, specifying compliance with data localization requirements
2. Audit Rights: Optional section granting rights to audit compliance with security and confidentiality obligations
3. Subcontractor Provisions: Required when either party may engage subcontractors to process the shared data
4. Industry-Specific Compliance: Required when data relates to regulated industries (e.g., healthcare, financial services)
5. Data Processing Agreement: Required when personal data processing is a significant component of the data sharing
6. Intellectual Property Rights: Required when shared data includes or may result in intellectual property
7. Insurance Requirements: Optional section specifying required insurance coverage for data protection and cyber risks
1. Schedule 1 - Description of Shared Data: Detailed categorization and description of data to be shared
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection
3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the confidential information
4. Schedule 4 - Data Processing Details: Details of data processing activities including purpose, duration, and type of processing
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential data
6. Appendix B - Breach Response Plan: Detailed procedures for responding to and reporting data breaches
Authors
Data
Personal Data
Sensitive Personal Data
Data Provider
Data Recipient
Data Processing
Authorized Purpose
Authorized Personnel
Security Breach
Security Measures
Technical Safeguards
Organizational Safeguards
Permitted Recipients
Affiliate
Agreement
Business Day
Disclosing Party
Receiving Party
Effective Date
Representatives
Trade Secrets
Intellectual Property Rights
Confidentiality Period
Data Protection Laws
Processing Records
Data Transfer
Cross-Border Transfer
Security Incident
Breach Notification
Data Subject
Derived Data
Aggregated Data
Data Protection Officer
Applicable Law
Force Majeure Event
Material Breach
Third Party
Data Protection
Data Security
Data Transfer
Access Rights
Use Restrictions
Breach Notification
Return of Information
Destruction of Data
Term and Termination
Representations and Warranties
Indemnification
Liability
Force Majeure
Assignment
Subcontracting
Audit Rights
Compliance with Laws
Notice
Governing Law
Dispute Resolution
Severability
Amendment
Entire Agreement
Counterparts
Survival
Third Party Rights
Information Technology
Healthcare
Financial Services
E-commerce
Manufacturing
Research and Development
Telecommunications
Professional Services
Education
Pharmaceutical
Banking
Insurance
Market Research
Biotechnology
Legal
Information Technology
Information Security
Data Protection
Compliance
Risk Management
Research and Development
Business Development
Operations
Privacy
Corporate Affairs
Technical Operations
Data Analytics
Chief Technology Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Privacy Officer
Compliance Manager
Information Security Manager
Data Manager
Business Development Director
Research Director
IT Director
Operations Manager
Project Manager
Risk Manager
Technology Consultant
Data Scientist
Systems Administrator
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