First, does the agreement involve the transfer of personal data from one party to another, or is the data transferred in both directions? Ideally, these additional concerns should be taken into account in the data exchange agreement, in order to facilitate clear communication and, if necessary, to provide additional guarantees: the treatment by a subcontractor is subject to a contract or other legal act, in accordance with EU law or to another member state, which binds the subcontractor with regard to the person responsible for the treatment and determines the purpose and duration of the treatment. , the nature and purpose of the treatment, the nature of the personal data and the categories of people involved, as well as the obligations and rights of the person in charge of the treatment. 2This contract or any other piece of legislation stipulates in particular that the subcontractor: despite the many provisions relating to the exchange of data, I expect that the volume of formal data exchange agreements will increase considerably now that the RGPD is in force. The legal impact of data exchange and the most appropriate type of agreement depend on issues such as geographic location, the nature of the institution involved, the nature of the data, the magnitude of the threat to public health and other contextual factors. It is important that the parties understand the legal implications and legal instruments available to facilitate the process. Where there are guidelines, the balance between data accessibility, privacy and intellectual property protection is not standardized, which can lead to safeguards. Data exchange agreements can help resolve differences or ambiguities in the law and are most effective when the context is clearly defined and relevant laws and regulations are taken into account. In some cases, an agreement that is not legally binding may be more appropriate than the use of legal means. a “subcontractor,” a natural or legal person, public authority, agency or other agency that handles personal data on behalf of the processor; (g) removes, at the choice of the person in charge of the processing, all personal data after the termination of the provision of processing-related services or sends it back to the processing manager and deletes existing copies, unless EU or Member State law requires the storage of personal data; Does the transfer involve specific categories of personal data or criminal conviction data? Below, you`ll find a list of items that are usually included in a data sharing agreement. While this list may cover the databases, additional concerns may be relevant to a data set or supplier agency.
A data-sharing agreement is an agreement between a party with useful data (the Discloser) and a party that searches for data for research on (the recipient) under which the public agrees to share its data with the recipient. These could be two universities that agree to share data for research cooperation, one or more private companies active in research or development, and even a government agency working with a private agency.