Data Use Agreement: Key Components, Common Issues, Review
Jump to Section
What is a Data Use Agreement?
A data use agreement is a legal contract signed by a data provider and client. It specifies how data can be used. Since mishandling sensitive data can result in breaches or other issues, a data use agreement needs to be clear with protection measures.
There are various instances when data user agreements are essential, such as if a hospital is sharing patient data with a research company or a software company is sharing data with vendors.
If you need a data use agreement, read the rest of this article to explore key terms in this type of contract, the most common issues that appear in them, and how a lawyer can help you review or negotiate a data use agreement.
What are Key Components in a Data Use Agreement?
A data use agreement usually contains the following information.
- Data type. The agreement specifies what data will be used and who is allowed to access it.
- Use. The goal for using the data must be defined so that parties know how they’re allowed to use it. This section of the agreement should also specify what data usage is prohibited.
- Termination obligations. When the agreement is terminated, the data will have to be stored, returned, or destroyed. These requirements must be clear so that there is no confusion.
- Liability. If something goes wrong, such as there’s a data breach, this section of the agreement must specify who will take legal responsibility.
- Data protection. There should be measures in place to ensure that data is protected, such as message encryption and secure storage.
- Confidentiality. This specifies how the recipient is allowed to share the data so that it remains confidential and protected.
- Ownership. Who owns the data must be defined in the agreement to prevent disputes.
What are Common Red Flags in Data Use Agreements?
The most reported issues that are noted in data use agreements include the following:
Broad Uses
If the contract usage isn’t clear and specific, this can lead to violations. Prohibited activities must also be clearly defined.
Lack of Ownership
A common issue in data use agreements is little or no information about who owns the data. This can result in future disputes while also hampering the data owner when pursuing damages for breaches.
Unreasonable Liability
If liability or indemnification isn’t capped, it can result in potential financial losses from one party taking on too much responsibility.
Third Party Usage
If the agreement doesn’t limit or restrict the sharing of data with third parties or subcontractors, it can lead to legal or privacy issues.
Low Security Standards
The recipient should ensure they upkeep security standards. If there’s no obligation of this mentioned in the agreement, it can result in sensitive data exposure.
How Can You Review a Data Use Agreement?
If you have a data use agreement, it’s in your best interests to read and review it closely so you don’t agree to all its terms right away. Here are some tips for a thorough review.
Confirm Usage
The number one thing to do when reviewing a data use agreement is to confirm exactly what you’re allowed to do with the data. Perhaps this could be conducting research or training AI. Whatever the case, you don’t want any uncertainty that can cause problems.
Flag Vague Language
Any vague or misleading language can result in hidden risks and cause legal issues, so you want to make a note of it while reading the contract. Discuss and clarify them with the other party.
Check Privacy Compliance
You want to check that the agreement is clear on how the data will be legally handled and stored. It should mention all relevant laws regarding privacy.
Know Your Duties
It’s important to read through the entire agreement for information about what is your responsibility. This includes post-termination duties, such as how to handle the data when the contract ends.
Understand Audit Rights
If the provider is allowed to audit your processes, you want to define the scope for what they can do and prevent any security risks. For example, you might want to limit the audit process to the specific data use, not allow access to your entire infrastructure.
Get a Legal Review
It can be challenging to know how to review a data use agreement without a legal background. Hiring a qualified lawyer to help you thoroughly review the contract has various benefits.
A lawyer will identify any risks, protect your rights, and explain your duties so nothing is left to chance.
On ContractsCounsel, one of the biggest online legal marketplaces where you can connect with more than 1,000 vetted, experienced lawyers, you can request a legal review of your data use agreement. Here are the steps to follow:
1. Go to the ContractsCounsel marketplace.
2. Post your request for a legal review. It’s free.
3. Wait for lawyer bids. You’ll receive multiple bids from lawyers on the platform who will review your contract for a flat fee.
4. Review the lawyers' profiles. Before selecting the best lawyer for your requirements, view information provided on the platform. This includes the lawyers’ locations, their years of experience, their field of expertise, and client ratings for previous projects completed on the platform.
5. After reviewing the lawyers’ profiles, hire the best lawyer for your purposes.
Do You Need to Hire a Lawyer for a Data Use Agreement?
Besides reviewing your data use agreement, a lawyer can help you in other ways. This includes:
- Negotiating with the other party on your behalf. They are skilled at knowing how to push back for positive changes.
- Rewriting clause in the agreement. A lawyer will put everything negotiated in writing to ensure the contract is clear and specific.
- Structuring your deal. This ensures that it is aligned with your business goals.
- Aligning your agreement with other business contracts. This prevents conflict between important documents.
Why You Should Choose a Lawyer from ContractsCounsel
Hiring a lawyer for assistance with a data use agreement is easy on ContractsCounsel. You’ll get access to professional lawyers who know how to help you. Here are some benefits of hiring one:
- All lawyers on the platform are vetted.
- The platform offers fair, competitive pricing.
- Access lawyer profiles and choose the best one for your legal needs without having to find lawyers via traditional law firms.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Data Use Agreement Lawyers
Thomas S.
28+ years experience. Licensed in Colorado and New York. Areas of expertise: estate planning, wills and trusts; trademark law; patent law; contracts and licensing; small business organization and counseling.
"Thomas was very knowledgeable and is great to work with! Thank you very much - looking forward working together again in the future!"
David L.
Experienced real estate, business, and tax practitioner, representing start up and established businesses with formation, contracts, and operational issues.
"Great detailed explanation highly recommend if you're a first time seller who wants a in depth conversation"
Jennifer W.
Jennifer W.
I am an Immigration attorney specializing in business, corporate, and family immigration. I have served the immigrant (EB1A/B/C, NIWs, and PERM) and non immigrant (H, L, O, TN, E) needs for individuals, families, start-up companies, and some of the largest financial and commercial companies. I have experience with adjustment of status and consular processing. Please let me know how I can serve your immigration needs.
"Jennifer has been an exceptional lawyer throughout my EB1-A application process. Her kindness and dedication have been evident every step of the way. She has provided invaluable guidance and support, alleviating many of my concerns and uncertainties. Now, as we await the result from USCIS, I am filled with excitement and confidence, knowing that Jennifer has done everything possible to ensure the success of my application. I highly recommend her services to anyone seeking expert legal assistance"
Angela H.
Angela Hayden is an accomplished and driven attorney with a diverse professional background that sets her apart. Having served as a former Assistant Public Defender in Allegheny County, Angela acquired invaluable expertise in navigating the complexities of the criminal justice system. Her trial experience spans a wide range of cases, from minor retail theft to complex criminal homicide, demonstrating her ability to deliver successful outcomes for her clients. Prior to her focus on criminal defense, Angela honed her skills in public policy and political consulting through her work with both the Pennsylvania and United States House of Representatives. This experience provided her with a deep understanding of the intricacies of public policy and the ability to offer strategic guidance to clients. Angela's career also took her to a civil defense firm, where she traveled across the country, defending clients in litigation. This experience enhanced her ability to handle complex civil matters and strengthened her litigation skills. In addition to her expertise in criminal defense and civil litigation, Angela has demonstrated her proficiency in employment law, providing guidance and consultation to small businesses and non-profit organizations. Her keen insight into employment law matters ensures that businesses operate within legal boundaries while fostering a positive work environment. Furthermore, Angela is a licensed realtor, well-versed in residential real estate transactions. This additional knowledge allows her to offer comprehensive legal support to clients involved in real estate matters, ensuring their interests are protected throughout the process. Angela holds a degree from Hampton University and obtained her Juris Doctor from the University of Dayton School of Law. She is pursuing a Master of Business Administration. She is licensed to practice law in Pennsylvania and the District of Columbia, demonstrating her commitment to providing exceptional legal services in multiple jurisdictions. With her extensive experience and passion for achieving favorable outcomes for her clients, Angela Hayden is a dedicated advocate ready to guide you through your legal journey.
Don K.
Oliver Keene is not your typical attorney. With a personal touch and a passion for helping others, he goes above and beyond to provide exceptional legal services. Born and raised in the heart of the Appalachian coalfields, Oliver understands the value of hard work and perseverance. His small-town upbringing instilled in him a deep sense of community and a commitment to making a difference in people's lives. Oliver's journey in the legal field began with a Bachelor's degree in Criminal Justice from Bluefield University. He went on to earn his Juris Doctorate from Lincoln Memorial University - Duncan School of Law, where he excelled in his studies and developed a strong foundation in law. Throughout his career, Oliver has gained invaluable experience working as a public defender, an attorney advisor for the Small Business Administration, and in various legal roles. With a focus on estate planning and business law, Oliver is dedicated to helping individuals and families protect their assets, plan for the future, and navigate the complexities of the legal system. His approachable demeanor, attention to detail, and genuine care for his clients set him apart. Oliver's clients can trust that he will go the extra mile to ensure their legal needs are met with the utmost professionalism and personalized service. Outside of his legal practice, Oliver enjoys spending time with his wife and daughter, exploring the great outdoors, and indulging in his passion for hunting and fishing. His commitment to serving military families is evident in his offering of discounted services as a token of gratitude for their sacrifices. When you choose Oliver Keene as your attorney, you're not just hiring a legal professional - you're gaining a trusted advisor and a compassionate advocate. With Oliver by your side, you can have confidence that your legal matters will be handled with the highest level of expertise and care.
Dean S.
Dean represents client in all manners of tax controversy and provides comprehensive business consulting to corporations, LLCs, and non-profits. He has worked with multi-national companies, but most enjoys assisting small businesses with all legal matters from formation to dissolution. Dean routinely represents individuals and businesses before the IRS and various state taxation agencies. From audits to appeals, he works closely with his clients to reach favorable outcomes and beneficial resolutions. Though he assists many clients in his home state of California, Dean values working with a diverse clientele throughout the country.
May 23, 2023
Meagan K.
Meagan Kirchner has nearly a decade of experience in Immigration law. She has significant experience working on H-2B immigration matters. Her practice also focuses on business immigration, particularly representing corporate clients pursuing H, E3, TN, O, and L nonimmigrant classifications, as well as lawful permanent residence (EB-1A, NIW, EB-1C). Meagan has represented clients in a variety of industries including agriculture, hospitality, healthcare, IT, engineering, and finance. Meagan has a Bachelor of Science degree in Business from George Mason University and a Juris Doctor degree from the George Mason University School of Law. She is licensed to practice law in Virginia and is also a member of the American Immigration Lawyers Association (AILA).
Find the best lawyer for your project
Browse Lawyers Now
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Artificial Intelligence lawyers by top cities
- Austin Artificial Intelligence Lawyers
- Boston Artificial Intelligence Lawyers
- Chicago Artificial Intelligence Lawyers
- Dallas Artificial Intelligence Lawyers
- Denver Artificial Intelligence Lawyers
- Houston Artificial Intelligence Lawyers
- Los Angeles Artificial Intelligence Lawyers
- New York Artificial Intelligence Lawyers
- Phoenix Artificial Intelligence Lawyers
- San Diego Artificial Intelligence Lawyers
- Tampa Artificial Intelligence Lawyers
Data Use Agreement lawyers by city
- Austin Data Use Agreement Lawyers
- Boston Data Use Agreement Lawyers
- Chicago Data Use Agreement Lawyers
- Dallas Data Use Agreement Lawyers
- Denver Data Use Agreement Lawyers
- Houston Data Use Agreement Lawyers
- Los Angeles Data Use Agreement Lawyers
- New York Data Use Agreement Lawyers
- Phoenix Data Use Agreement Lawyers
- San Diego Data Use Agreement Lawyers
- Tampa Data Use Agreement Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review