When Do We Need A Data Sharing Agreement

(e) assist the controller, taking into account the nature of the processing, by taking, as far as possible, appropriate technical and organisational measures, as far as possible, to fulfil the controller`s obligation to respond to requests for the exercise of the data subject`s rights set out in Chapter III; Within Durham University, contracts and data exchange agreements are prepared by the Legal Services team upon receipt of instructions from the budget owner/information asset owner and signed by one of our authorized contract signatories. Second, it avoids misunderstandings on the part of the data provider and the agency receiving the data by ensuring that all issues relating to the use of the data are discussed. Before the data is shared, the provider and recipient must speak in person or over the phone to discuss data sharing and use issues and reach a collaborative agreement, which is then documented in a data sharing agreement. There are 4 common types of sharing that can be initiated by a controller. A data sharing agreement is a formal contract that clearly documents what data is shared and how the data can be used. Such an agreement has two objectives. First, it protects the organization providing the data and ensures that the data is not misused. There are two legal mechanisms to clarify roles, responsibilities and expectations when exchanging data with third parties: «processor» means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller; personal data demonstrating racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data for the unique identification of a natural person, health data or data relating to the sex life or sexual orientation of a natural person shall be prohibited. So when in these other cases is a contract necessary? In general, the more risks associated with an agreement, the more reasons there are to have a contract. From a data protection point of view, the particular risks that are relevant are those that affect the data subjects and not the organisations carrying out the exchange. Factors that may be relevant to the risk include: The university prefers a clear legal contract, which is usually backed by a data processing schedule, as this allows us to be clear about the respective obligations and responsibilities.

The ICO has published guidelines for organizations using contracts under the GDPR: does the disclosure include special categories of personal data or data related to criminal convictions? What about the legal basis for the disclosure of personal data to an independent controller? When is this possible? I am thinking, for example, of social networks that share user data with other controllers to increase advertising revenue. Before thinking about any other aspect of a data sharing agreement, you need to determine the role of the transferring party: is that party a controller or processor with respect to the personal data shared? Again, ignoring the transfer to data subjects and unregulated parties, there are 5 common ways to categorize the transfer by subcontractors based on the recipient`s role under the GDPR….