What is Data Sharing Agreement Drafting?
A data sharing agreement is a legal contract between parties that outlines how data can be shared and used. It’s meant to promote collaboration between parties and outline aspects of their working relationship to prevent misunderstandings.
If you need to draft a data sharing agreement, read the rest of this article to learn what key terms to include in it, how to draft it to prevent disputes, and how a qualified lawyer can help you with the process.
What Key Terms are in a Data Sharing Agreement?
A data sharing agreement should include essential components, such as the following:
- Parties. This states the names of parties who will be sharing data between them, such as the data controller and data processor.
- Purpose. The agreement should explain the specific reason why the parties are sharing data.
- Data scope. The data types which will be shared must be included.
- Usage. This explains how the person receiving the data is allowed to use it. It must be clearly defined to prevent confusion.
- Compensation. How the agent will be paid must be specified, including when payments are made.
- Security measures. Provisions to protect the shared data must be included so that parties know how to protect it.
- Duration. Effective start and end dates for the data sharing agreement must be specified.
What are Tips for Drafting a Data Sharing Agreement?
Now that you’ve got your key terms, you can include additional information in your data sharing agreement to provide clarity for parties.
Detail Payment Terms
Describe how one party will compensate the other for managing, using, or providing data. Consider discussing payment concerns with the other party so you can include provisions in the agreement that deal with them. Doing this now will safeguard you against disputes or challenges in the future.
Include Breach Reporting
Should there be a data breach, you want to know how to navigate it promptly. Include an agreed-on timeframe for parties to report breaches and what processes must be followed. This clarity will save time and prevent frustration.
Be Specific About Data Types
The agreement must be clear about what types of data will be shared during the working arrangement. Although it might seem obvious to state, what you don’t get in writing could result in accidental violations in future.
Clarify Data Retention and Deletion
Your agreement must include information about how long data is allowed to be stored, and if it must be deleted or returned after contract termination. Remember that you should confirm that data will only be kept and used for the agreed-on purpose.
Address Access and Permission
It’s important to define who is allowed to access the data and if access is reserved for specific people, such as employees. This will prevent third-party access that can expose sensitive data or information.
Review Your Data Sharing Agreement
You should regularly review your agreement so that you keep it updated to cater to your circumstances, data requirements, and any changes in the laws. To give you peace of mind, you can hire a lawyer to review your agreement terms and ensure they’re customized to your specific working relationship.
How Does a Lawyer Draft a Data Sharing Agreement?
Since data sharing agreements can be detailed and technical, it can help you to work with a lawyer to draft one that’s clear and valid. A lawyer can help you in various ways, such as by:
- Clearly identifying both parties and their roles, such as who is sharing or receiving the data.
- Defining the scope of the data sharing process so that there’s no confusion over what is being shared and why.
- Addressing all laws and compliance obligations. A lawyer will consider privacy, confidentiality, and other requirements.
- Including security requirements to protect the data properly.
- Setting rules for permitted use and ownership, so there’s no doubt over who owns the data and has authority to use or access it.
- Helping you navigate breaches, such as with timely incident response provisions.
- Balancing both parties’ rights by including clauses such as dispute-resolution, liability, and indemnity provisions.
- Reviewing a data sharing agreement if you’ve drafted it. This ensures your final data sharing agreement is written professionally and is easy for both parties to understand.
Where to Find a Lawyer for Data Sharing Agreement Drafting
You’ve decided to hire a lawyer to draft your data sharing agreement, but where can you find one who’s experienced and skilled? Online legal marketplaces make the process of finding the right lawyer for your legal requirements easy to do from the comfort of your home.
On ContractsCounsel, one of the biggest online legal marketplaces where clients easily connect with qualified lawyers, you can request that a lawyer on the platform drafts your data sharing agreement for you. They’ll charge you a flat fee.
To start the process of getting your data sharing agreement drafted by a reputable lawyer, here are the easy steps to follow.
- Go to the ContractsCounsel marketplace page.
- Post your project on the platform (it’s free).
- Include a bit of information about what you require so lawyers know how to help you, such as the type of data you want to share and protect.
- Wait for lawyer bids. Once you’ve posted your project, you’ll receive multiple bids from vetted lawyers on the platform.
- Review the lawyer data. ContractsCounsel provides a range of lawyer data you can review before selecting a lawyer to work with. This information includes the lawyers’ credentials, years of experience, client ratings, as well as other data.
- Once you’ve gone through the lawyer profiles, select a lawyer to work with and hire them to draft your data sharing agreement. You can also hire them to review your agreement.
