The Data Transfer Agreement is essential for organizations engaged in the transfer of personal, sensitive, or confidential data within India or across borders. This document becomes necessary when entities need to share or process data while maintaining compliance with Indian data protection laws, particularly the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023. It is commonly used in outsourcing arrangements, cloud services implementations, inter-company data sharing, and various business partnerships where data exchange is required. The agreement addresses critical aspects such as data security measures, privacy protections, breach notifications, and compliance requirements, while clearly defining the responsibilities and obligations of both the data exporter and importer. It's particularly relevant in the context of India's evolving data protection landscape, which emphasizes data localization, consent requirements, and strict security measures.
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1. Parties: Identification of the data exporter and data importer, including their registered addresses and authorized representatives
2. Background: Context of the agreement, relationship between parties, and purpose of the data transfer arrangement
3. Definitions: Detailed definitions of key terms including Personal Data, Sensitive Personal Data, Processing, Transfer, Security Measures, and other relevant terms under Indian law
4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred, purpose of transfer, and processing activities
5. Obligations of Data Exporter: Responsibilities of the party sending the data, including data collection, consent management, and compliance with Indian laws
6. Obligations of Data Importer: Responsibilities of the receiving party, including data protection measures, use limitations, and compliance requirements
7. Security Measures: Technical and organizational security measures required for data protection as per Indian IT Rules
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Indian law
9. Breach Notification: Procedures and timelines for reporting data breaches to relevant parties and authorities
10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
11. Return or Destruction of Data: Procedures for handling data upon termination of the agreement
12. Liability and Indemnity: Allocation of risks and responsibilities between parties
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including amendments, notices, and severability
1. Sub-processing: Include when the data importer may need to engage sub-processors for data handling
2. Cross-Border Transfer Mechanisms: Include for international transfers, specifying compliance with international data transfer requirements
3. Audit Rights: Include when regular audits of data handling practices are required
4. Business Continuity: Include when continuous availability of data is critical for operations
5. Insurance Requirements: Include when specific insurance coverage for data protection is needed
6. Special Categories of Data: Include when dealing with sensitive personal data as defined under Indian law
7. Data Localization Requirements: Include when dealing with data types subject to India's data localization rules
1. Schedule 1 - Description of Transfer: Detailed technical specifications of data transfers, including data categories, frequency, and transfer methods
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures to be implemented
3. Schedule 3 - Sub-processors: List of approved sub-processors and their roles, if applicable
4. Schedule 4 - Data Processing Details: Specific details about data processing activities, purposes, and categories
5. Appendix A - Contact Details: Contact information for key personnel and data protection officers
6. Appendix B - Consent Forms: Template consent forms and privacy notices
7. Appendix C - Transfer Impact Assessment: Assessment of risks and safeguards for data transfers
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Education
Manufacturing
Professional Services
Insurance
Pharmaceutical
Retail
Banking
Business Process Outsourcing
Cloud Services
Relevant Teams
Legal
Compliance
Information Security
IT Operations
Risk Management
Data Protection
Privacy
Information Technology
Procurement
Operations
Corporate Governance
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Director
Information Security Manager
Privacy Manager
Risk Manager
Operations Director
Chief Technology Officer
Contract Manager
Data Governance Manager
General Counsel
Chief Legal Officer
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