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Businesses share data for all kinds of reasons. Any data that is personal, confidential or sensitive in nature requires additional care and a well-documented process for what can be shared and how.
A data sharing agreement sets standards for the data sharing, covers what should happen to the data at each stage and helps both sides to be clear about their respective roles. Find out exactly when you might need one, what's usually included and how to write your own with free templates available online.
A data sharing agreement is designed to help businesses confidently share data in a way that is transparent, timely and safe. It is a formal contract that details what data is being shared and the appropriate use of the data.
The main aim of a data sharing agreement is to define everything in writing before the sharing begins. Here are some instances that may prompt your business to use a data sharing agreement:
When it comes to data sharing, these two documents can sometimes be confused. A data sharing agreement can include a section on non-disclosure or confidentiality as its purpose is to detail the appropriate use of the data.
A confidentiality agreement is an agreement in which two parties agree not to disclose certain information. This can include data but does not sufficiently cover the steps taken to protect the confidential data.
If necessary, it's much clearer to have two separate documents to ensure clarity in both instances of confidentiality and how you share data.
While there will likely be sections that will be unique to your industry, these are the most common elements that are included in a data sharing agreement.
When implemented correctly, a data sharing agreement protects against the mishandling of data and encourages early communication among parties on questions of data handling and use.
No, you don't need a lawyer to prepare your data sharing agreement. You may want to consider legal counsel if you're dealing with large amounts of data or complicated third party relationships.
You can certainly write a data sharing agreement on your own but a template will make life a lot easier. You can use one to draft your own or simply as a guide to help you know what elements to include.
If going at it alone, these are the sections that should be covered when writing your own data sharing agreement: