Data use agreement template

Content

Every day, businesses generate, access and share vast amounts of data.

There are countless instances when data is shared between two or more parties, be it personal information, proprietary data, or statistical information.

When this happens, it's important to have a clear understanding of how the data can be used and protected. This is where a Data Use Agreement (DUA) comes into play.

What is a data use agreement?

Data use agreements (DUAs) are legally binding documents that outline the terms and conditions of sharing data between two parties.

These agreements specify what data can be shared, how it can be used, the obligations of both parties, the security measures to be taken and what happens if the agreement is breached.

In essence, a DUA governs the transfer of non-public data, ensuring it is handled responsibly and ethically.

When do you use a data use agreement?

Ensuring responsible data handling has never been more important. The explosion of big data and the increased emphasis on data privacy laws like the GDPR and CCPA means companies have to be more vigilant than ever.

A DUA ensures that the party receiving the data can only use it for the purposes outlined in the agreement, providing the data owner with reassurances and protections.

So, a data use agreement is a necessary tool for managing and mitigating the risks associated with data sharing, including:

potential misuse;
data breaches; and
non-compliance with data privacy laws.

Without a DUA, your organization is more vulnerable to these risks.

What’s inside a typical data use agreement template?

Every DUA is unique, as they reflect the specific nature of the data sharing relationship. However, most data use agreement templates contain these key sections:

Parties involved: Identifies the entities that are transferring and receiving the data.
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Purpose of data use: Defines the scope of the data use, clearly outlining why the data is being shared and how it will be used.
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Data to be shared: Details the specific data that will be transferred under the agreement.
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Terms and conditions: Describes the obligations of each party, the duration of the agreement and the procedures for termination or renewal.
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Data security measures: Specifies the steps that the receiving party must take to ensure the data's security and integrity.
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Consequences of violation: Outlines the legal and financial repercussions if the terms of the agreement are not adhered to.
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Governing law and jurisdiction: Determines which laws apply and which jurisdiction will handle any disputes.

Data use agreement vs data processing agreement

Both DUAs and data processing agreements (DPAs) are crucial for data governance but they serve different purposes.

A DUA primarily governs the exchange of data between two parties, focusing on the use of the data. Conversely, a DPA is a legally binding document between a data controller and a data processor, outlining how the processor should handle the controller's data to comply with privacy regulations.

Each is a vital component of a robust data management strategy, but they are used in different contexts and with different objectives in mind.

How are data use agreements typically managed?

Data Use Agreements are typically created by the organization that owns or controls the data. This could be a business, a research institution, a government agency, or any other entity that collects and maintains data.

In many cases, the process of creating a DUA involves multiple parties within the organization. It might include:

Data stewards: These are the people who have responsibility for managing and overseeing the data. They would typically be involved in defining the nature of the data being shared and any specific restrictions or conditions on its use.
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Legal team: Lawyers or legal advisors are typically involved in drafting the legal language of the DUA, ensuring it complies with relevant laws and regulations and covers all necessary protections.
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Security and privacy officers: These individuals would typically be involved in defining the security measures and privacy protections that the data recipient must adhere to.

After the DUA has been drafted, it needs to be reviewed and signed by both the data provider and the data recipient. The agreement should be shared in a secure manner that ensures the integrity and confidentiality of the document.

In the digital age, DUAs are often shared and signed electronically, using secure document sharing and eSignature platforms. This allows for secure, traceable delivery and receipt of the agreement, and the electronic signatures are legally recognized in many jurisdictions.

Remember that each party should retain a copy of the signed DUA for their records. This is important in case of any disputes or if there are any questions about the terms of the agreement in the future.

How can Juro streamline the process of managing data use agreements?

Managing agreements like Data Use Agreements can be a cumbersome and time-consuming task, especially when it's done manually. Juro offers a powerful AI-enabled solution to streamline the entire contract management process, making it easier, faster and more efficient.

1. Contract generation

‍Juro offers customizable templates that simplify the creation of DUAs. These templates cover all the key aspects of a standard DUA, which you can easily modify to suit your specific needs. Plus, the user-friendly interface means you don’t need to be a legal expert to create an effective agreement.

2. Collaboration

‍ With Juro, you can collaborate in real-time with your team members, making it easier to draft and review your DUA. You can leave comments, suggest edits, and track changes, all in one place.

3. Secure sharing and eSigning

‍Juro allows you to securely share your DUA with the data recipient. Both parties can sign the agreement electronically, which not only speeds up the process but also provides a secure and legally binding signature.

4. Post-signature contract management

‍Juro doesn’t just help with creating and signing DUAs, it also helps you manage them. You can store all your DUAs in one place, set reminders for review dates or termination clauses and quickly search through your contracts using intelligent search features.

By leveraging the power of Juro, you can simplify and streamline the entire process of managing your Data Use Agreements, leaving you more time to focus on your core business activities.

To find out more about Juro's flexible and collaborative contract management solution, hit the button below.

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Frequently Asked Questions

What is a data use agreement template?

A data use agreement template is a ready-made contract for sharing non-public data with another organization. It sets out which data is being shared and the purposes the recipient can use it for. It also covers how the recipient must keep the data secure and what happens if they break the terms.

Do I need a data use agreement for a one-off data share?

Usually, yes. Once data leaves your systems, the agreement is often your only control over how the recipient uses or stores it, and privacy laws can still hold you responsible if it's misused. A short agreement that limits the purpose and requires deletion afterward is far easier to put in place before the transfer than after.

How is a data use agreement different from a material transfer agreement?

A material transfer agreement covers physical research materials, such as cell lines or samples, sent from one institution to another. A data use agreement covers information instead, so it focuses on how the data can be used and what happens to it when the project ends.

What use restrictions should a data provider include?

Limit use to the stated purpose, and say clearly that the recipient can't share the data onward or try to identify individuals in it without your written consent. Require the data to be returned or destroyed when the agreement ends, and ask for confirmation once that's done. Breaches of these terms are hard to spot from the outside, so consider a right to audit how the recipient handles the data.

Do I still need a data use agreement if the data is de-identified?

Often, yes. Data with names removed can sometimes be linked back to individuals using other datasets, and in the US, health data shared as a HIPAA limited data set legally requires a data use agreement. Even where no law requires one, an agreement lets you limit how the data is used and forbid attempts to re-identify people.

Can I use this template as it is?

It's a sound base, but each data share is different, so adjust the description of the data and the permitted purpose to match yours. If personal data is involved, check which privacy laws apply before you sign. For specific legal advice on your contract templates, consult an attorney.

What's the easiest way to manage data use agreements?

Keep one data use agreement template in Juro and generate every agreement from it, with data stewards filling in the dataset and purpose each time. When your standard security or deletion terms change, update that one template and each new agreement follows. Signed agreements sit in one searchable place, so you can quickly see when each one ends and when data is due to be returned or destroyed.

Can Juro create a template like this for me?

Yes, using Operator. This AI drafting feature in Juro learns from the data agreements you've already signed, including your drafting style and the positions you usually take on terms like permitted use and liability, and drafts a new template to match. Legal reviews and approves the first draft before anyone uses it, which keeps the template in line with your risk appetite.