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Data Exchange Agreement

Data Exchange Agreement Template for Malaysia

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Key Requirements PROMPT example:

Data Exchange Agreement

"I need a Data Exchange Agreement for sharing healthcare research data between our hospital and a research institution in Singapore, with strict security protocols and compliance with Malaysian healthcare regulations, to be effective from March 2025."

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Document background
The Data Exchange Agreement is essential for organizations in Malaysia that need to share data while maintaining compliance with local regulations, particularly the Personal Data Protection Act 2010. This document is typically used when organizations need to establish formal arrangements for regular data sharing, whether for business operations, research purposes, or regulatory compliance. It addresses critical aspects such as data security, privacy protection, technical specifications, and operational procedures. The agreement is particularly relevant in the Malaysian context where data protection regulations are becoming increasingly stringent and cross-border data flows require careful consideration. It serves as a crucial tool for managing risk and ensuring clarity in data sharing arrangements while maintaining compliance with Malaysian legal requirements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers

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

3. Definitions: Detailed definitions of technical terms, data categories, and key concepts used throughout the agreement

4. Scope of Agreement: Details of what data will be exchanged, frequency, and permitted uses

5. Data Protection Obligations: Compliance requirements with PDPA 2010 and other relevant privacy laws

6. Technical Requirements: Specifications for data format, transmission methods, and technical standards

7. Security Requirements: Security measures, protocols, and standards for protecting exchanged data

8. Access and Authorization: Rules for who can access the data and authorization procedures

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Audit and Compliance: Rights to audit and requirements for maintaining compliance records

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Term and Termination: Duration of agreement and circumstances for termination

13. General Provisions: Standard clauses including governing law, dispute resolution, and notices

Optional Sections

1. Cross-Border Data Transfers: Required when data will be transferred outside Malaysia, addressing specific PDPA requirements for international transfers

2. Disaster Recovery: Detailed procedures for data recovery and business continuity, recommended for critical data exchanges

3. Data Monetization: Terms for any commercial exploitation of the exchanged data, if applicable

4. Intellectual Property Rights: Required when the exchanged data includes or generates intellectual property

5. Government Access: Required when dealing with government entities or regulated industries

6. Sub-processors: Terms governing the use of third-party data processors, if applicable

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed technical specifications of data fields, formats, and structures

2. Schedule 2 - Service Levels: Performance metrics, availability requirements, and response times

3. Schedule 3 - Security Standards: Detailed security protocols, encryption requirements, and security certifications

4. Schedule 4 - Contact Details: Key contacts for operational, technical, and legal matters

5. Schedule 5 - Fee Schedule: Any fees or costs associated with the data exchange, if applicable

6. Appendix A - Data Flow Diagram: Visual representation of how data flows between parties

7. Appendix B - Incident Response Plan: Procedures for handling data breaches and security incidents

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 Industries

Technology

Healthcare

Financial Services

Education

Research & Development

Government

Telecommunications

Manufacturing

Retail

Insurance

Professional Services

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Risk Management

Operations

Data Governance

Privacy Office

Business Development

Technical Architecture

Contract Administration

Relevant Roles

Chief Information Officer

Data Protection Officer

Legal Counsel

IT Director

Compliance Manager

Information Security Manager

Privacy Officer

Risk Manager

Technical Architect

Operations Manager

Business Development Manager

Contract Manager

Chief Technology Officer

Data Governance Manager

Industries
Personal Data Protection Act 2010: The main legislation governing the processing of personal data in commercial transactions. It provides guidelines for collecting, processing, and sharing personal data, including requirements for consent and data transfer.
Communications and Multimedia Act 1998: Regulates the communications and multimedia industry in Malaysia, including aspects of data transmission and network security requirements.
Digital Signature Act 1997: Provides legal recognition of digital signatures and establishes licensing framework for certification authorities, relevant for electronic execution of agreements.
Electronic Commerce Act 2006: Provides legal recognition and regulation of electronic communications in commercial transactions, including the validity of electronic contracts.
Contracts Act 1950: The fundamental law governing contractual relationships in Malaysia, providing the basic framework for formation and enforcement of contracts.
Computer Crimes Act 1997: Addresses cybersecurity concerns and unauthorized access to computer systems, relevant for data security provisions in the agreement.
Official Secrets Act 1972: May be relevant if the data exchange involves government entities or classified information.
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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