If the results or analyses are to be shared by organisations, this should be explained here, together with an explanation of why sharing these results is acceptable, necessary and proportionate (e.g.B the results are anonymous). (2) Each Participating Party shall have the right to sell, authorise, transfer or disclose the relevant common data it provides in accordance with this Agreement to third parties other than the Participating Parties, but the above-mentioned third parties shall not include competitors of counterparties in the same sector (including branches, subsidiaries and other business sectors); which are listed by other participating Parties on the lists of competitions set out in Annex II. which shall be updated every twelve months from the date of this Agreement. In the meantime, each Party A and Each Party B have the right, once a year, to request the Counterparty to terminate its partnership with a third party not included in the Contest Lists (which is limited to the Company in the sale, approval, transfer and disclosure of the relevant joint data it has provided to that third party). and a party terminates the partnership with that third party upon receipt of written notice from the other party. (3) No participating party may use the data from the data exchange platform to participate, participate, participate, produce or operate a business that competes with the activities of other participating parties without the written consent of the participating parties concerned. 1) Except as otherwise provided in this Agreement, each Participating Party (”Supplier”) has all ownership rights, rights and interests (including intellectual property rights) in the Data (including Derivative Data1) that it makes available to other Participating Parties (”Recipients”) under this Agreement and has the right to modify, combine and decide in its sole discretion the Data, whether the scope of the data collected or generated in the Agreement should be extended or reduced. Matter. Recipients may only use the data provided by Suppliers under this Agreement in accordance with this Agreement. 2) Any decision on the Data Exchange Platform is subject to the unanimous consent of the representatives designated by both Parties who jointly exercise powers, including, but not limited to, the following: 6.2 Each Participating Party warrants that it has the legal rights over the data it provides under this Agreement and does not violate the legal rights of third parties.
Each Participating Party warrants that it will not engage in conduct that would harm the interests of the other Participating Parties during the Partnership, including, but not limited to, violation of the copyright, reputation rights and/or other legal rights of the other Participating Parties. If information is transferred outside the EU, you must specify this here and what security measures are in place to protect the data. Here is a list of the elements that are typically included in a data sharing agreement. While this list may cover the basics, additional concerns may be relevant to a particular dataset or vendor agency. Data exchange contract templates are often used in healthcare, where companies can share sensitive patient information. Agreements are also used in many other industries where two parties can exchange information for commercial purposes. 3) It must not use the data interface for behaviors that could interfere with the normal functioning of the Internet. A data sharing agreement is an agreement between a party that has useful data (the discloser) and a party that seeks data for research (the recipient) under which the discloser agrees to share its data with the recipient. This could be two universities willing to share data to collaborate on research, one or more private companies engaged in research or development, and even a government agency working with a private institution. (2) All participating parties shall exchange data by jointly establishing a data sharing platform. The specific content of the data transfer as well as the manner and time of the provision of the data by the participating parties shall be determined separately by the parties in the context of negotiations.
This section describes in detail the organizations between which the agreement exists. All parts must be listed here. Organizations that process data on behalf of the parties covered by this Section are not included. If there are many controllers covered by this DSA, you can fill out an appendix. a) Review, discuss, process, amend and interpret policies, rules, regulations, regulations, procedures and other conditions related to the operation, management and use of the Data Exchange Platform, including: A DSA may be used between the parties to demonstrate compliance with the General Data Protection Regulation (GDPR), the common law obligation of confidentiality and other data protection laws that reflect the vision strategic in the Data Protection Impact Assessment (DPIA). A DPA can be used to operationalize and support the DPIA. This should help you justify your data sharing and show that you have considered and documented relevant compliance issues. There must be a written data processing contract between a controller and a processor covering the requirements set out in Article 28 of the GDPR and a processor may not use a processor without the prior written consent of the controller. Subprocessors do not need to sign the DSA. The ODA should be reviewed regularly and the parties may decide on the length of this review period. The purpose of the ODA will contribute to the definition of the review period. For example, a long-term sharing program may review the DSA every two years, but a DSA for high-level sharing or a sensitive topic may be reviewed every six months.
A single ODA does not require verification because the target is achieved after the publication of the data and the end of the ODA. It may be useful to add a data flow diagram to illustrate the proposed data sharing. Party A is responsible for the operation and maintenance of the data exchange platform and has the right to obtain licenses to purchase software and hardware from third parties necessary for the operation and maintenance of the data exchange platform. For the avoidance of doubt, the operation of the data exchange platform concerns only the operation of the data exchange platform itself, with the exception of platforms operated by the participating parties for the provision of their services and products. You must show how you will comply with the duty of trust. For the appropriate type of sharing for a data sharing agreement, this can be done in two ways: 3) the allocation of ownership and interests (including intellectual property rights) of products or services jointly developed by different participating parties, or services, is determined separately by those participating parties through negotiations, agreements are signed separately. A party (or parties) to the DSA may wish to terminate its participation at any time. This section describes in detail how a party informs about its participation in the DSA, what notice period applies and, most importantly, how the outgoing party`s data is managed. 10.1 The Participating Parties shall resolve any dispute arising out of the performance of this Agreement or any dispute relating to this Agreement through friendly negotiations. If the parties fail to reach an agreement within sixty (60) calendar days, either party may submit the dispute to the Beijing Arbitration Commission for arbitration in Beijing in accordance with the then applicable arbitration rules of the Beijing Arbitration Commission.
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