Data Release Agreement

Data Release Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need a Data Release Agreement for sharing anonymized medical research data between our hospital and three university research institutions in the Netherlands, with the agreement starting from March 1, 2025, and including specific provisions for joint publications."

Document background

The Data Release Agreement serves as a crucial legal framework for organizations needing to share data while maintaining compliance with Dutch and EU data protection laws. This document is essential when one organization (the data provider) needs to share specific datasets with another organization (the data recipient) for defined purposes, whether for research, business operations, or service delivery. The agreement becomes particularly important when the shared data includes personal data subject to GDPR, sensitive business information, or proprietary data. It addresses critical aspects such as data protection measures, permitted uses, security requirements, and compliance obligations under Dutch law, including the UAVG and related regulations. The document should be used whenever structured data sharing arrangements are needed, especially when the sharing involves significant volumes of data or sensitive information requiring specific handling and protection measures.

Suggested Sections

1. Parties: Identification of the data provider and recipient(s), including full legal names, registration numbers, and addresses

2. Background: Context of the data sharing arrangement, purpose of the agreement, and relationship between the parties

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms and data-related concepts

4. Purpose and Scope: Specific purposes for which the data may be used, scope of permitted activities, and any explicit restrictions

5. Data Description: Overview of the types of data being shared, including whether it contains personal data under GDPR

6. Terms of Data Release: Conditions under which the data will be released, including timing, format, and delivery method

7. Data Protection and Security: Security measures required for data protection, including technical and organizational measures

8. Compliance Requirements: Obligations regarding GDPR and other applicable laws, including data protection principles

9. Use Restrictions: Specific limitations on data use, prohibited activities, and any requirements for anonymization

10. Intellectual Property Rights: Ownership of the data, licensing terms, and any IP rights associated with the data

11. Confidentiality: Confidentiality obligations regarding the shared data and any business information

12. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

13. Return or Destruction of Data: Requirements for handling data upon termination, including certification of destruction

14. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification provisions

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. International Data Transfers: Required when data will be transferred outside the EEA, including safeguards and compliance with Chapter V of GDPR

2. Special Categories of Data: Required when sharing sensitive personal data under Article 9 GDPR, including additional safeguards

3. Sub-processors: Needed when the recipient may engage third parties to process the data, including approval requirements

4. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for sensitive data sharing

5. Audit Rights: Provisions allowing the data provider to audit the recipient's compliance, recommended for high-risk data

6. Insurance Requirements: Specific insurance obligations, recommended for high-value or sensitive data sharing

7. Data Quality Warranties: Warranties regarding the accuracy and quality of the data, useful for commercial data sharing

8. Cost Allocation: Required when there are significant costs associated with data sharing or protection measures

9. Joint Controller Provisions: Required when parties act as joint controllers under GDPR Article 26

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed technical specification of the data being shared, including format, fields, and structure

2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures required for data protection

3. Schedule 3 - Processing Activities: Detailed description of permitted processing activities and purposes

4. Schedule 4 - Transfer Mechanisms: Details of transfer methods and any specific security protocols

5. Schedule 5 - Contact Details: Key contacts for operational, technical, and legal matters

6. Appendix A - Data Protection Impact Assessment: Summary or relevant portions of DPIA if conducted

7. Appendix B - Technical Standards: Applicable technical standards and certifications required

8. Appendix C - Incident Response Plan: Procedures and contact details for handling data security incidents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Healthcare

Financial Services

Research & Development

Education

Manufacturing

Retail

Professional Services

Telecommunications

Energy

Government & Public Sector

Market Research

Biotechnology

Insurance

Transportation & Logistics

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Data Protection

Research & Development

Business Development

Risk Management

Operations

Privacy

Technical Operations

Information Governance

Commercial

Data Science

Project Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Technology Officer

Chief Information Officer

Data Manager

Research Director

Business Development Manager

IT Security Manager

Risk Manager

Commercial Director

Operations Manager

Project Manager

Data Scientist

Information Governance Manager

Privacy Counsel

Contract Manager

Technical Architect

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