Data Sharing Agreement Solicitors
A data sharing agreement is a contract between organisations that share personal data as separate or joint controllers, setting out the purpose of the sharing, the lawful basis, what data is shared, how it is kept secure and each party’s responsibilities to individuals.
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Adam Bernard Solicitors drafts data sharing agreements for businesses, charities, healthcare providers, franchise networks and partners in joint ventures.
Data sharing agreements are different from data processing agreements. A processing agreement governs a supplier acting on your instructions; a sharing agreement governs organisations that each decide how to use the data.
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When Do You Need a Data Sharing Agreement?
You should have a data sharing agreement whenever you regularly share personal data with another organisation that will use it for its own purposes. Examples include:
• Referral partnerships and joint marketing campaigns.
• Franchisor and franchisee networks sharing customer data. See our franchise agreements page.
• Healthcare providers sharing patient records. See healthcare contracts.
• Group companies sharing employee or customer data.
• Business sales, where data is shared with a buyer.
• Research collaborations.
Is a Data Sharing Agreement Legally Required?
A data sharing agreement between separate controllers is not always mandatory, but the ICO’s statutory data sharing code says it is good practice and it helps demonstrate accountability. The ICO’s data sharing code of practice is a statutory code under the Data Protection Act 2018, and the Information Commissioner and courts must take it into account. Joint controllers must have a transparent arrangement setting out their respective responsibilities under Article 26 of the UK GDPR.
What Should a Data Sharing Agreement Include?
According to the ICO’s code, a data sharing agreement should set out the purpose, the parties, the data involved, the lawful basis, how individuals’ rights are handled, security measures and review arrangements. In practice we include:
• Purpose of the sharing and the benefits it brings.
• Parties and their roles – separate or joint controllers.
• Data items shared, and any special category data.
• Lawful basis for sharing, and any conditions for special category data.
• Transparency – how individuals will be told about the sharing through each party’s privacy policy.
• Data subject rights – including how subject access requests will be handled.
• Security and breach notification between the parties.
• Retention and deletion.
• International transfers, if any.
Review, termination and liability.
Data (Use and Access) Act 2025 and Data Sharing
The Data (Use and Access) Act 2025 introduced “recognised legitimate interests” and clarified rules on further processing, which can affect the lawful basis relied on for sharing. Most data protection changes in the Data (Use and Access) Act 2025 took effect on 5 February 2026. Existing data sharing agreements should be checked to confirm the lawful basis and purposes are still accurately described.
Data Protection Impact Assessments
Large-scale or high-risk data sharing may require a data protection impact assessment before it starts. A DPIA identifies risks to individuals and the measures needed to reduce them, and should be referenced in the agreement.
Data Sharing Agreement Checklist
Before sharing personal data with another organisation, check these points.
• Necessity – is sharing necessary for the stated purpose, or could anonymised data be used instead?
• Roles – are you separate controllers or joint controllers?
• Lawful basis – is a lawful basis identified for each party’s use, and a condition for any special category data?
• Transparency – have individuals been told, or will they be told, about the sharing?
• Minimisation – are only the data items needed being shared?
• Security – is the method of transfer secure, and are access controls agreed?
• Accuracy – how will errors be corrected in both organisations’ records?
• Retention – how long will the receiving party keep the data?
• Review – when will the arrangement be reviewed, and how can it be ended?
Data Sharing in Business Sales and Restructures
When a business is sold or restructured, personal data about customers and employees is often shared with the buyer. Sharing during due diligence should be limited and protected by confidentiality terms, and the data sharing on completion should be reflected in privacy information. The ICO’s data sharing code addresses mergers and acquisitions specifically.
Data Sharing Between Group Companies
There is no intra-group exemption in UK data protection law, so group companies that share data need a lawful basis and appropriate agreements like any other organisations. An intra-group data sharing agreement, often combined with a data processing agreement for shared services, is a practical solution.
How Adam Bernard Solicitors Can Help
We draft data sharing agreements and joint controller arrangements, review agreements proposed by partners through our contract review service, and align them with your internal data protection policies. See all our commercial contract services.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
What is a data sharing agreement?
What is the difference between a data sharing agreement and a data processing agreement?
Is a data sharing agreement mandatory?
What should be in a data sharing agreement?
Do we need a DPIA before sharing data?
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