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International Data Transfer Agreement Template for India

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Key Requirements PROMPT example:

International Data Transfer Agreement

"I need an International Data Transfer Agreement under Indian law for transferring healthcare data from our Mumbai hospital to our cloud service provider in Singapore, ensuring compliance with healthcare regulations and data protection laws."

Document background
The International Data Transfer Agreement is essential for organizations transferring personal data from India to other countries. This document becomes necessary when an Indian entity needs to share personal data with foreign entities while ensuring compliance with Indian data protection laws, particularly the Digital Personal Data Protection Act, 2023. It addresses crucial aspects such as data security measures, breach notification procedures, audit requirements, and data subject rights. The agreement is designed to provide adequate safeguards for cross-border data transfers while maintaining alignment with Indian regulatory requirements and international data protection standards. It includes specific provisions for technical and organizational measures, sub-processing arrangements, and mechanisms for ensuring continuous compliance with evolving data protection regulations.
Suggested Sections

1. Parties: Identification of data exporter and data importer, including registration details and addresses

2. Background: Context of the data transfer relationship and purpose of the agreement

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical and legal terms

4. Scope and Purpose of Transfer: Specific details about what data is being transferred and for what purposes

5. Obligations of Data Exporter: Legal and operational responsibilities of the party sending the data

6. Obligations of Data Importer: Legal and operational responsibilities of the party receiving the data

7. Data Security Measures: Mandatory security protocols and measures for data protection

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

9. Sub-processing: Rules and procedures for engaging sub-processors

10. Data Breach Notification: Procedures and timelines for reporting and handling data breaches

11. Audit Rights: Framework for conducting compliance audits and inspections

12. Term and Termination: Duration of agreement and conditions for termination

13. Return or Destruction of Data: Procedures for handling data upon agreement termination

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

15. General Provisions: Standard contractual terms including severability, amendments, and notices

Optional Sections

1. Special Categories of Data: Additional provisions for sensitive personal data or special categories requiring extra protection

2. Data Localization Requirements: Specific provisions for data that must be stored or processed within India

3. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)

4. Cross-Border Transfer Mechanisms: Specific mechanisms for transfers to countries with different data protection standards

5. Business Continuity: Procedures for ensuring continuous data protection during disruptions

6. Insurance Requirements: Specific insurance obligations for data protection and cyber risks

7. Joint Controller Provisions: Additional terms when both parties act as joint controllers of the data

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of the data transfers including categories of data subjects and data types

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and protocols implemented by both parties

3. Schedule 3 - Sub-processors: List of approved sub-processors and their roles

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and mitigation measures for the data transfer

5. Appendix A - Contact Details: Contact information for key personnel and data protection officers

6. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting security breaches

7. Appendix C - Audit Framework: Detailed procedures and requirements for conducting audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Information Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Research and Development

Business Process Outsourcing

Cloud Services

Consulting

Pharmaceutical

Insurance

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Risk Management

Data Protection

Privacy

Information Technology

Vendor Management

Corporate Affairs

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Privacy Manager

Information Security Manager

Risk Manager

Operations Director

Chief Technology Officer

General Counsel

Contract Manager

Data Protection Analyst

Privacy Analyst

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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