Data Exchange Agreement Template for United States

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Key Requirements PROMPT example:

Data Exchange Agreement

"I need a Data Exchange Agreement for sharing healthcare patient data between our hospital and a research institution, ensuring HIPAA compliance and including specific provisions for anonymization of personal information before transfer, with the agreement to commence from March 2025."

Document background
Data Exchange Agreements have become increasingly crucial in today's data-driven business environment. This contract type is essential when organizations need to share, transfer, or process data while maintaining compliance with U.S. federal and state regulations. The agreement covers critical aspects such as data protection measures, usage rights, confidentiality obligations, and regulatory compliance requirements. It's particularly important when dealing with sensitive information, personal data, or when operating across different jurisdictions. The Data Exchange Agreement helps organizations manage risk, maintain compliance, and establish clear responsibilities for all parties involved in the data sharing relationship.
Suggested Sections

1. Parties: Identification of all parties involved in the data exchange

2. Background: Context and purpose of the data exchange agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Data Exchange: Details of what data will be shared and how

5. Data Protection and Security: Measures to protect shared data

6. Confidentiality Obligations: Requirements for maintaining data confidentiality

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

Optional Sections

1. International Data Transfers: Provisions for cross-border data transfers when data will cross national borders

2. Breach Notification: Procedures for handling data breaches when dealing with sensitive or regulated data

3. Audit Rights: Rights to audit data handling practices when compliance verification is required

Suggested Schedules

1. Data Specification Schedule: Detailed description of data elements to be exchanged

2. Security Requirements: Technical and organizational security measures

3. Processing Instructions: Specific instructions for data processing

4. Contact Details: Key contacts for both parties

5. Data Protection Impact Assessment: Assessment of data protection risks and mitigation measures

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

Industries

GDPR Compliance: General Data Protection Regulation requirements if dealing with EU data subjects or cross-border data transfers

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act requirements for handling California residents' data

Privacy Act of 1974: Federal requirements for data handling if federal agencies are involved in the data exchange

HIPAA: Health Insurance Portability and Accountability Act requirements if healthcare data is involved

FERPA: Family Educational Rights and Privacy Act requirements if educational data is involved

GLBA: Gramm-Leach-Bliley Act requirements for financial data protection

FISMA: Federal Information Security Management Act requirements for federal data security standards

CISA: Cybersecurity Information Sharing Act requirements for sharing cybersecurity threat information

FTC Act: Federal Trade Commission Act requirements for consumer protection and unfair/deceptive practices

SOX: Sarbanes-Oxley Act requirements for financial data and reporting

COPPA: Children's Online Privacy Protection Act requirements if children's data is involved

State Data Breach Laws: Various state-specific requirements for notification and handling of data breaches

State Privacy Laws: Various state-specific privacy requirements including VCDPA (Virginia), CPA (Colorado), and others

Cross-Border Regulations: Requirements for international data transfers and compliance with foreign data protection laws

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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