Intra Group Data Sharing Agreement Template
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A data sharing agreement should inform other people about your data sharing practices, but does not change the legal obligations you owe to data subjects. However, they can reduce the risk of complaints (and complaints being successful), and can help you to comply with data protection law.
The following are some helpful tips when you draft a data sharing agreement:
Where possible, comply with the requirements of the relevant principles, rules, directives and/or EU law.
Provide details of the data to be shared, including where it is stored, where it is going, who it will be used by and for what purposes.
Tell people what they can expect in terms of privacy protection and how and when they can access the data.
Provide a description of the data sharing plan. This should include:
How you will manage the data
How you will ensure the data is not accidentally disclosed
How you will act in the event of a security breach
The legal and regulatory requirements you must comply with.
If the data subject wishes to lodge a complaint with the supervisory authority (in the UK, the ICO), such as under the DPA 2018, it is important that you include in the clause a notice that, if he/she does so, he/she has the right to object to processing of his/her personal data at any time. Where possible, it is important that the notice is immediately apparent.
If the person is an individual, the person can request that his/her data is communicated to him/her in a machine readable form. If you can do this, you must do so and provide a copy of the same to the person.
If the data subject wishes to lodge a complaint with the supervisory authority (in the UK, the ICO), such as under the DPA 2018, it is important that you include in the clause a notice that, if he/she does so, his/her identity will be kept anonymous. Where possible, it is important that the notice is immediately apparent.
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