This Personal Data Collection Agreement is essential for any organization collecting personal data from individuals in India. It is designed to comply with the Digital Personal Data Protection Act 2023, Information Technology Act 2000, and related Indian data protection regulations. The agreement should be used whenever an organization intends to collect, process, or store personal data of Indian residents. It covers crucial aspects such as consent requirements, data subject rights, security measures, breach notifications, and cross-border data transfers. The document is particularly important given India's evolving data protection landscape and the increasing focus on privacy rights. Organizations must ensure this agreement is in place before initiating any personal data collection activities to maintain legal compliance and establish trust with data subjects.
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1. Parties: Identification of the Data Controller/Fiduciary (collecting entity) and the Data Subject (individual whose data is being collected)
2. Background: Context of the data collection relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including types of personal data, processing activities, and technical terms
4. Purpose of Data Collection: Specific purposes for which personal data will be collected and processed
5. Types of Personal Data: Detailed categorization of personal data to be collected, including sensitive personal data if applicable
6. Consent and Authorization: Express consent clauses and authorization for data collection and processing
7. Data Processing Activities: Description of how the collected data will be processed, stored, and used
8. Data Subject Rights: Rights of the data subject including access, correction, deletion, and data portability
9. Data Security Measures: Security protocols and measures implemented to protect personal data
10. Data Retention Period: Duration for which data will be stored and criteria for determination
11. Data Sharing and Transfer: Conditions under which data may be shared with third parties or transferred internationally
12. Breach Notification: Procedures for handling and notifying data breaches
13. Termination: Conditions for termination and consequences for collected data
14. Governing Law and Jurisdiction: Applicable laws and jurisdiction for dispute resolution
1. International Data Transfers: Required when personal data may be transferred outside India, specifying compliance with cross-border data transfer requirements
2. Special Categories of Data: Required when collecting sensitive personal data such as health information, biometric data, or financial information
3. Children's Data Protection: Required when collecting data from minors, including parental consent requirements
4. Automated Decision Making: Required when using automated processing or profiling systems
5. Data Protection Impact Assessment: Required for high-risk processing activities
6. Grievance Resolution: Detailed procedure for handling data subject complaints and disputes
7. Insurance and Indemnification: Required when specific insurance coverage or indemnification for data incidents is needed
1. Schedule A - Categories of Personal Data: Detailed list of all personal data categories to be collected
2. Schedule B - Technical and Organizational Security Measures: Specific security measures and protocols implemented for data protection
3. Schedule C - Data Processing Activities: Detailed description of all processing activities and purposes
4. Schedule D - Authorized Third-Party Processors: List of approved third-party data processors and their roles
5. Appendix 1 - Consent Forms: Standard consent forms and opt-in/opt-out mechanisms
6. Appendix 2 - Data Subject Rights Request Forms: Templates for various data subject rights requests
7. Appendix 3 - Data Breach Response Plan: Detailed procedures for handling data breaches and incident response
8. Appendix 4 - Privacy Notices: Detailed privacy notices and information to be provided to data subjects
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