Data Release Agreement

Data Release Agreement Template for Austria

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Key Requirements PROMPT example:

"I need a Data Release Agreement under Austrian law for sharing medical research data between our Vienna-based pharmaceutical company and a research institution in Graz, with the agreement starting from March 1, 2025, including specific provisions for handling sensitive patient data and research findings."

Document background

A Data Release Agreement is essential when organizations need to share or transfer data while maintaining legal compliance and protecting both parties' interests. This document is particularly crucial in the Austrian legal context, where both national data protection laws and EU GDPR must be considered. The agreement typically covers various data types, from personal to proprietary information, and is commonly used in research collaborations, business partnerships, or data sharing initiatives. It establishes clear parameters for data usage, security requirements, and confidentiality obligations while ensuring compliance with Austrian legal requirements and EU data protection standards. The document becomes especially important when dealing with sensitive data or cross-border transfers, requiring careful consideration of international data transfer mechanisms and local regulatory requirements.

Suggested Sections

1. Parties: Identification of the data provider and data recipient, including full legal names, registration details, and addresses

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

3. Definitions: Definitions of key terms used in the agreement, including 'Data', 'Confidential Information', 'Permitted Purpose', etc.

4. Scope of Data Release: Detailed description of the data being released and the permitted purposes for its use

5. Data Protection Compliance: GDPR and Austrian DSG compliance measures, including legal basis for processing and transfer

6. Data Security Requirements: Security measures required for handling and storing the released data

7. Use Restrictions: Limitations and restrictions on how the recipient may use the released data

8. Confidentiality Obligations: Obligations to maintain confidentiality of the data and related information

9. Duration and Termination: Term of the agreement and circumstances for termination

10. Return or Destruction of Data: Requirements for handling data upon termination or expiry

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Transfer Provisions: Required when data will be transferred outside the EU/EEA, including standard contractual clauses

2. Commercial Terms: Include when the data release involves payment or other commercial considerations

3. Intellectual Property Rights: Necessary when the released data includes copyrighted materials or database rights

4. Audit Rights: Optional provisions allowing the data provider to audit the recipient's compliance

5. Insurance Requirements: Include when specific insurance coverage is required for data protection

6. Sub-processing: Required when the recipient may need to engage sub-processors

7. Data Breach Notification: Detailed procedures for handling data breaches beyond standard requirements

8. Training Requirements: Include when specific training is required for handling the data

Suggested Schedules

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

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Permitted Purpose and Use Cases: Detailed description of authorized uses and specific use cases

4. Schedule 4 - Processing Activities: Details of how the data will be processed, including duration, nature, and purpose

5. Schedule 5 - Technical Requirements: Technical specifications for data transfer, storage, and handling

6. Appendix A - Contact Details: List of key contacts for both parties, including data protection officers

7. Appendix B - Standard Contractual Clauses: If required for international transfers, EU approved SCCs

8. Appendix C - Data Processing Agreement: Additional GDPR-compliant processing terms if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Pharmaceuticals

Manufacturing

Professional Services

Public Sector

Telecommunications

Biotechnology

Market Research

Insurance

Energy

Consumer Goods

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Information Technology

Research & Development

Risk Management

Commercial Operations

Data Analytics

Information Governance

Privacy Office

Project Management

Corporate Affairs

Technical Operations

Relevant Roles

Data Protection Officer

Legal Counsel

Privacy Manager

Compliance Officer

Information Security Manager

Chief Technology Officer

Research Director

Data Manager

Chief Information Officer

Risk Manager

Commercial Director

Project Manager

IT Security Specialist

Chief Legal Officer

Data Analytics Manager

Research Coordinator

Information Governance Manager

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