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Data Disclosure Agreement for India

Data Disclosure Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for sharing confidential and sensitive data between parties. This document ensures compliance with India's data protection regulations, including the Information Technology Act 2000 and the Digital Personal Data Protection Act 2023. It outlines the responsibilities of both the disclosing and receiving parties, specifies security measures, defines permitted uses of data, and includes provisions for data protection, breach notification, and compliance requirements specific to the Indian jurisdiction.

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Data Disclosure Agreement

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What is a Data Disclosure Agreement?

The Data Disclosure Agreement serves as a critical legal instrument in India's rapidly evolving digital landscape, where data sharing has become integral to business operations. This document is essential when organizations need to share sensitive or confidential information while ensuring compliance with Indian data protection laws, including the Information Technology Act 2000 and the Digital Personal Data Protection Act 2023. It is particularly relevant in scenarios involving outsourcing, technology partnerships, research collaborations, or any situation requiring controlled data sharing. The agreement addresses key aspects such as data security measures, confidentiality obligations, compliance requirements, and breach notification procedures, while considering India's specific regulatory requirements and business practices.

What sections should be included in a Data Disclosure Agreement?

1. Parties: Identification of the parties, including the Disclosing Party and Receiving Party, with their legal details and authorized representatives

2. Background: Context of the agreement, purpose of disclosure, and relationship between the parties

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Sensitive Personal Data, Authorized Personnel, and Security Measures

4. Scope of Disclosure: Details of what information will be disclosed and for what purpose

5. Obligations of the Receiving Party: Core obligations regarding data protection, confidentiality, and permitted use of disclosed information

6. Security Measures: Mandatory security protocols and measures for protecting disclosed data

7. Data Protection Compliance: Compliance requirements with Indian data protection laws and regulations

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Return or Destruction of Data: Procedures for handling disclosed information upon termination

10. Breach Notification: Requirements and timeframes for reporting data breaches or unauthorized access

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Data Disclosure Agreement?

1. Cross-Border Data Transfer: Required when data may be transferred outside India, specifying compliance with international data transfer requirements

2. Audit Rights: Include when regular audits of data handling practices are required

3. Subcontractor Provisions: Necessary when the Receiving Party may need to engage subcontractors to process the data

4. Insurance Requirements: Include when specific insurance coverage for data protection is required

5. Industry-Specific Compliance: Add when the data disclosure relates to regulated industries like healthcare or financial services

6. Data Subject Rights: Include when the agreement involves processing of personal data of Indian residents with specific rights under DPDP 2023

What schedules should be included in a Data Disclosure Agreement?

1. Schedule 1 - Categories of Data: Detailed list of types of data to be disclosed, including classification of sensitivity levels

2. Schedule 2 - Security Standards: Technical and organizational security measures to be implemented

3. Schedule 3 - Authorized Personnel: List of personnel authorized to access the disclosed data

4. Schedule 4 - Data Processing Activities: Detailed description of permitted data processing activities

5. Appendix A - Data Breach Response Plan: Step-by-step procedure for handling data breaches

6. Appendix B - Compliance Checklist: Checklist of compliance requirements under relevant Indian laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Cost

Free to use
Relevant legal definitions










Clauses






























Relevant Industries

Information Technology

Healthcare

Financial Services

Education

Telecommunications

Manufacturing

Professional Services

Research and Development

E-commerce

Banking

Insurance

Pharmaceuticals

Business Process Outsourcing

Government and Public Sector

Relevant Teams

Legal

Information Technology

Compliance

Information Security

Risk Management

Data Protection

Operations

Research and Development

Business Development

Procurement

Information Management

Corporate Governance

Privacy

Relevant Roles

Chief Information Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Officer

Risk Manager

IT Director

Chief Technology Officer

Business Development Manager

Operations Manager

Project Manager

Research Director

Chief Legal Officer

Data Governance Manager

Contract Manager

Information Management Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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