Data Sharing Agreement

A controller-to-controller agreement for regular data sharing, built around the statutory Data Sharing Code – purpose, lawful basis, transparency, security, rights, breaches and review.

Editable Word document
12
10pages
Guidance notes included
aml consultancy solutions

Data protection & GDPR

Data Sharing Agreement

About this document

What it’s for

An agreement between two (or more) organisations that will each use shared personal data for their own purposes as separate controllers – for example a referral partnership, a franchise network, a charity and a local authority, or a group of businesses sharing customer data. It follows the approach of the regulator’s statutory Data Sharing Code of Practice and records the purpose, lawful basis, data, security and responsibilities of each party.

When to use it

  • Before any regular or systematic sharing of personal data with another controller
  • When sharing with a partner, introducer, franchisor, funder, public body or group company
  • To document a one-off large or sensitive disclosure (or use a disclosure record instead)

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  1. Definitions and interpretation
  2. Purpose and benefits of the sharing
  3. Status of the Parties
  4. Shared Personal Data
  5. Lawful basis and conditions
  6. Transparency
  7. Data quality
  8. Security and method of transfer
  9. Onward sharing and processors
  10. Retention and deletion
  11. Data Subjects’ rights and complaints
  12. Personal Data Breaches
  13. International transfers
  14. Review, audit and records
  15. Liability and indemnity
  16. Term and termination
  17. Changes in the law
  18. General
  19. Disputes, governing law and jurisdiction
  20. Definitions and interpretation
  21. Purpose and benefits of the sharing
  22. Status of the Parties
  23. Shared Personal Data
  24. Lawful basis and conditions
  25. Transparency
  26. Data quality
  27. Security and method of transfer
  28. Onward sharing and processors
  29. Retention and deletion
  30. Data Subjects’ rights and complaints
  31. Personal Data Breaches
  32. International transfers
  33. Review, audit and records
  34. Liability and indemnity
  35. Term and termination
  36. Changes in the law
  37. General
  38. Disputes, governing law and jurisdiction

Also included

  • Schedule 1 – Data sharing particulars
  • Schedule 3 – Single Points of Contact
  • Schedule 5 – Pre-sharing checklist

How to complete it

  • Complete Schedule 5 (the pre-sharing checklist) first
  • Describe the purpose and benefits clearly in clause 2 and the data in Schedule 1
  • Each party records its own lawful basis and Article 9 / Schedule 1 condition
  • Name single points of contact in Schedule 3 and diarise reviews

Key points to check

  • If the parties decide purposes jointly, they may be joint controllers – Article 26 then needs a different arrangement
  • If one party only acts on the other’s instructions, use the Data Processing Agreement instead
  • A DPIA may be needed for large-scale or sensitive sharing

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

Included in the pack

Data protection & GDPR

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Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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