A Data Sharing Agreement (DSA) is a formal document that outlines the terms under which data is shared between parties, be they organizations, governmental entities, researchers, or other entities. It serves as a legally binding contract that stipulates how data can be used and ensures the protection of sensitive information
Specify Terms and Conditions: DSAs spell out the terms and conditions under which data can be used. This might include specifying the purpose for which the data is being shared, any restrictions on its use, or any obligations of the parties involved.
Protect Privacy: If the data includes personal or sensitive information, the DSA will usually detail the measures required to protect the privacy of individuals, which can include anonymization or pseudonymization procedures.
Define Data Ownership: DSAs often address the ownership of the shared data, ensuring that data providers retain their rights or that these rights are transferred or licensed appropriately.
Ensure Compliance: Data sharing can be subject to a range of legal and regulatory requirements, especially when personal or sensitive data is involved. DSAs help entities comply with such requirements, including data protection and privacy laws.
Limit Liability: By specifying how data should be used and handled, DSAs can help limit the liability of the data provider if the recipient misuses the data.
Establish Duration and Termination: DSAs might specify the duration for which the data can be used, and the procedures upon termination of the agreement, which might involve returning the data or certifying its destruction.
Outline Data Security Measures: Ensuring the security of shared data is paramount, especially if it's sensitive. DSAs will often specify the technical and organizational measures that the data recipient must put in place to protect the data from unauthorized access, disclosure, or loss.
Dispute Resolution: In case disagreements arise concerning the use or handling of data, DSAs often include mechanisms for dispute resolution, which might involve arbitration, mediation, or legal action.
Filling in a Data Sharing Agreement (DSA) requires a careful understanding of the data being shared, the purposes of the sharing, the obligations and rights of both parties, and any applicable laws or regulations.
Review the Template: Before you begin, review any provided DSA template to familiarize yourself with its sections and requirements. If you're creating a DSA from scratch, refer to a standard template as a baseline.
Identify the full legal names and contact details of the data provider and the data recipient.
Specify the principal place of business or address for both parties.
Definition of Data:
Clearly define the data to be shared. This might be a specific dataset, types of records, or other forms of information.
Attach any relevant documentation or samples as an exhibit or annexure if necessary.
Purpose of Sharing:
Explicitly state the purpose for which the data is being shared. This could be for research, business analytics, marketing, or any other specific reason.
Ensure that the purpose is clearly understood and agreed upon by both parties.
Terms and Conditions:
Mention if there's a fee or any compensation involved in sharing the data.
Data Protection and Confidentiality:
Specify if the data contains any personal or sensitive information.
Detail the measures required to ensure the data's confidentiality and protection.
Highlight any requirements related to anonymization, pseudonymization, or encryption.
Ownership and Intellectual Property:
Clearly state who retains the ownership of the data.
Mention any licensing arrangements if applicable.
Duration and Termination:
Specify the length of time the recipient can use the data.
Outline procedures for data return or destruction upon the agreement's termination.
Liability and Indemnification:
Address the consequences if either party breaches the agreement.
Determine who will be liable in various scenarios and if any indemnifications apply.