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Data sharing agreement template: a clause-by-clause outline

A free data sharing agreement template: ten clauses explained in plain language, a CSV outline you can fill in, and the GDPR and CCPA terms to check.

THE SHORT ANSWER

A data sharing agreement sets the rules when two organizations exchange data: who the parties are, why the data is shared, which data moves, how it is protected, whether it may be passed on, how requests from individuals are handled, and when it is deleted. Use the clause outline below, then have counsel draft the contract.

  • Settle the purpose and the data description first; most other clauses follow from them.
  • If one party only acts on the other's instructions, a data processing agreement fits better.
  • Payment, exclusivity and rights in trained models belong in a data licensing agreement.

FREE WORKING TOOL · NO ACCOUNT REQUIRED

Draft a data sharing agreement outline and download your CSV

Add a row for each clause. Write your position in plain language and the question you still need to answer. Counsel turns the agreed outline into contract wording.

This builder creates the file in your browser. Your entries are not submitted by this tool and disappear when you leave or reload. Use descriptions and invented examples, without private records or access details.

Clause 1
The topic the clause covers.
The plain-language purpose.
What your company wants it to say.
What is still open.
Responsible role or team.
Where the clause stands.

1 row in your working file. Save a download before leaving this page.

To share the tool, link to this page. Your downloaded file is a working document; it does not establish approval, rights, eligibility or an outcome.

Download the data sharing agreement template.

Use the free CSV builder on this page, or open the data sharing agreement template with ten example clauses. No email or account is required.

This is a working template, not legal advice. Use it to organize facts and questions, then have qualified counsel review anything you sign, adopt or delete.

Describe the data before you negotiate. The company data inventory names the record categories; the data dictionary template explains the fields that will move.

The clauses, in plain language

Each clause settles one question. The positions below are an illustrative starting point for two organizations that each decide their own use of the data.

ClauseWhat it settlesOur position
Parties and rolesWho shares, who receives and who decides how the data is usedEach party decides its own use; neither acts for the other
PurposeWhy the data is shared and the benefit expectedJoint service quality reporting only
Data descriptionWhich fields and record categories move, at what frequencyMonthly summary of resolved tickets without names or emails
Permissions and legal basisWhy each party may share and use the dataEach party records its own basis
Security and accessWho may access the data and how it is protectedNamed team only; encrypted transfer
Onward sharingWhether the recipient may pass data to anyone elseNo onward sharing without written consent
Individual rights requestsWho handles access, correction and deletion requestsEach party handles requests it receives and notifies the other
Retention and deletionHow long the recipient keeps the data and how it is deletedDelete or return at the end of the agreement
IncidentsHow quickly a party reports a breach or misusePrompt written notice with the facts known
Term and terminationHow long sharing lasts and how it endsAnnual term with a review date

Sharing, processing or licensing: pick the right agreement

A data sharing agreement fits when each organization uses the data for its own purposes. When the parties decide together, the GDPR treats them as joint controllers: Article 26 says that where two or more controllers "jointly determine the purposes and means of processing, they shall be joint controllers", and that they determine their respective responsibilities for compliance "by means of an arrangement between them".

When one party only processes data on the other's behalf, Article 28 requires a contract, often called a data processing agreement, which among other things has the processor delete or return the personal data at the end of the services.

When one company grants another rights to use its records in exchange for payment, the commercial terms belong in a data licensing agreement. See data licensing vs data processing vs data sharing agreements.

California terms to check

If personal information of California consumers is shared, section 1798.100 of the California Civil Code requires a business that sells or shares it with a third party to have an agreement that, among other terms, specifies the information is disclosed "only for limited and specified purposes", obligates the recipient to provide the same level of privacy protection the law requires, and requires the recipient to notify the business if it can no longer meet its obligations.

The purpose, onward sharing and incident clauses in the template are where those terms usually sit.

Before any data moves

Agree the outline internally, check customer contracts and privacy notices for restrictions, and confirm who signs. Share a description and a sample only after the agreement is in place.

If the other party is an AI developer that wants to pay for your records, the question changes from sharing to licensing. Origin Data Partners is an independent data partner that helps companies get their data bought; you can check whether your company could qualify without sending records.

Common questions

What is a data sharing agreement?

A data sharing agreement is a contract that sets the rules when organizations exchange data: the purpose, the data involved, security, onward sharing, handling of individual requests, retention and deletion.

What should a data sharing agreement template include?

Parties and roles, purpose, a data description, permissions, security and access, onward sharing, individual rights requests, retention and deletion, incident notice, and term and termination. The CSV outline on this page covers each one.

Is a data sharing agreement the same as a data processing agreement?

No. A data processing agreement governs a vendor that handles personal data only on your instructions. A data sharing agreement covers organizations that each use the data for their own purposes, or decide together.

Do joint controllers need a data sharing agreement?

They need an arrangement. GDPR Article 26 requires joint controllers to determine their respective responsibilities in a transparent manner, by means of an arrangement between them, and a data sharing agreement is a common place to record it.

Can we use a data sharing agreement to sell data?

It is the wrong tool. Payment, exclusivity and rights in trained models belong in a data licensing agreement. Start by describing the records in the inventory template.

Is this data sharing agreement template legal advice?

No. It is a working template for agreeing positions internally. Counsel should draft and review the final contract.

Sources and further reading

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