Elements of the Data Sharing Agreement - UMKC-Law/DataSharingAgreement GitHub Wiki

#Overview & Purpose

SmartCity group is working to develop a top-level general data sharing agreement that can be used to produce a data request following the answering of some questions which will help determine what is the appropriate agreement language and what is the appropriate data for the City to allow the user to have access to.

#Enforcement

The enforcement section of the data sharing agreement provides the term/duration of the agreement and the parties involved. Additionally, this section outlines the conditions for adhering to the agreement and provides remedies if the agreement is breeched. Applicable laws are also a component of the enforcement.

#Termination

Specificities on when and how the agreement may be terminated are outlined in this section of the data sharing agreement. If there are any disputes concerning the agreement an adjudication process before a court in the state applicable to the agreement is outlined.

#Open Terms

These type of agreements need to have a certain level of flexibility regarding their terms to reach the level of functionality hoped for with this project. Thus, we decided to keep the following Length of Agreement, Applicable Laws, and the Enforcement mechanisms as open terms, so the municipality can use whatever language that suits them the best.

#Definition Section

With any agreement the parties, date, and the agreement's purpose will be unique to that agreement, which is why a standard definition section that defines the parties an. d subject matter of the agreement.

#Purpose

Within the agreement it will need to be clear stated what the intended use of the data will be. Additionally, any use outside the scope or purpose of data may trigger the termination or enforcement clause.

#Scope

The Scope of the data is going to the actually data given through the agreement that will be used to try and achieve the purpose set out in the agreement. Additionally, any use outside the scope or purpose of data may trigger the termination or enforcement clause.

#Roles

The obligations of each party, City and User, dictates what is expected of each in respect to the relationships between each party member and to the data being shared.

#Moving Forward

This weekend we finished the Data Sharing Agreement and it is now up on CommonAccord: http://datashare-commonaccord.herokuapp.com/index.php?action=source&file=/H4KC/Form/Master_DSA.md

The next task moving forward in this project is going to be building off the top level agreement, and adapt it to more user variables. Some key user variables we are looking at working with are HIPAA, FERPA, along with others. The major challenges that will need to be overcome with regards to those variables is developing the language that does not confine or box the parties, but rather remains flexible and functional to all the parties.