Template: Memorandum of Understanding (MoU) for Data Sharing

Between: [Community or Organization Name]
And: [Third-Party Organization Name]
Date: [Date]

Purpose and Principles

This Memorandum of Understanding ("MoU") is grounded in the principles of Indigenous Data Sovereignty (hereafter "IDSov"), recognizing and upholding the rights of [Community or Organization Name] to control, govern, and steward their own data. The agreement acknowledges the collective ownership of data by Indigenous communities and the relational, reciprocal nature of Indigenous data, which is an extension of their sovereignty, cultural heritage, and self-determination. This MoU constitutes an expression of mutual intent, and is not a legally binding obligation.

This MoU is designed to ensure that any data shared aligns with the principles and values of IDSov. These values include:

1. Self-Determination: The community retains autonomous control over all decisions related to the collection, access, use, and dissemination of their data.
2. Collective Ownership and Governance: Data from or about the community remains under their collective governance, to be used in ways that reflect their priorities, values, and cultural perspectives.
3. Protection and Stewardship: This agreement ensures that the community’s data is safeguarded against misuse, unauthorized access, and potential exploitation.

Terms of Agreement

1. Ownership and Control
   [Community or Organization Name] retains full ownership and control over all shared data. [Third-Party Organization Name] will only use the data for the specified purposes as outlined below, and in alignment with the principles of IDSov.
2. Scope of Data Use
   Data may only be used for the specific purpose [e.g., technical support; monitoring, evaluation, and learning (MEL); storytelling or communications] as agreed upon by the community. Any additional use will require explicit written consent from [Community or Organization Name].
3. Free, Prior, and Informed Consent (FPIC)
   This MoU emphasizes Free, Prior, and Informed Consent ("FPIC") as a cornerstone of IDSov. The [Community or Organization Name] reserves the right to withdraw consent at any point if the data's use no longer aligns with community interests.
4. Access and Security
   [Third-Party Organization Name] will implement security measures as specified by the community, ensuring that data storage and access adhere to the community's data governance protocols and are protected against unauthorized use or unintended data leaks.
5. Data Stewardship and Accountability
   The stewardship of data is to be conducted in partnership with [Community or Organization Name]. Both parties agree to uphold transparency in data management and report on the data's usage regularly, ensuring accountability to the community organization.
6. Termination and Data Retention
   Upon the termination of this MoU, all data will be returned to [Community or Organization Name] or securely deleted, as directed by the community organization.
7. Protocol for Revisions
   This MoU will be reviewed annually or as requested by the [Community or Organization Name] to ensure it continues to serve their interests and respects their evolving rights to data sovereignty.

Signatures

By signing below, both parties agree to the terms outlined above.

(a) This MoU will remain in effect for the duration of one year, unless terminated by either [Community or Organization Name] or [Third Party Organization Name] by giving written notice to the other.

[Community or Organization Representative]
Name: [Name]
Title: [Title]
Date: [Date]

[Third-Party Organization Representative]
Name: [Name]
Title: [Title]
Date: [Date]

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