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1. Parties: Identification of the parties entering into the agreement, including the healthcare provider/facility and the person/entity bound by confidentiality obligations
2. Background: Context of the agreement, relationship between parties, and purpose of accessing confidential medical information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Health Information', 'Protected Health Information', 'Processing', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential medical information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, handling, and non-disclosure of confidential medical information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Data Protection Compliance: Specific obligations to comply with POPIA and other relevant data protection laws
9. Breach Notification: Procedures for reporting and handling confidentiality breaches
10. Duration and Survival: Term of the agreement and obligations that survive termination
11. Return or Destruction of Information: Requirements for handling confidential information upon termination
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Access: Include when other parties (such as contractors or service providers) may need access to confidential information
2. Research Provisions: Include when confidential information may be used for research purposes, subject to ethics approval
3. International Transfer: Include when confidential information may need to be transferred across borders
4. Electronic Health Records: Include specific provisions for electronic storage and transmission of health records
5. Student/Trainee Access: Include when medical students or trainees may have access to confidential information
6. Emergency Protocols: Include procedures for accessing confidential information in emergency situations
7. Specific Patient Groups: Include when dealing with specific patient categories (minors, mental health patients) requiring additional protections
1. Schedule 1: Security Protocols: Detailed technical and organizational security measures required for protecting confidential information
2. Schedule 2: Breach Response Plan: Step-by-step procedures for handling and reporting confidentiality breaches
3. Schedule 3: Authorized Personnel: List of roles/positions authorized to access different levels of confidential information
4. Schedule 4: Confidentiality Undertaking Form: Standard form for individual employees/contractors to sign acknowledging confidentiality obligations
5. Schedule 5: Data Processing Procedures: Detailed procedures for handling, storing, and processing confidential medical information
6. Appendix A: Relevant Legislation Excerpts: Key excerpts from relevant laws and regulations regarding medical confidentiality
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