Processor To Processor DPA

Processor To Processor DPA Template for India

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Key Requirements PROMPT example:

"I need a Processor to Processor DPA under Indian law for my cloud analytics company that will be processing customer data for a major IT services provider, with specific emphasis on cross-border transfers to Singapore and enhanced security measures for financial data processing starting March 2025."

Document background

The Processor to Processor DPA is essential when two organizations, both acting as data processors, need to establish a formal relationship for processing personal data under Indian law. This document becomes necessary when one processor delegates or shares processing activities with another processor, requiring clear delineation of responsibilities and compliance obligations. The agreement ensures compliance with the Digital Personal Data Protection Act 2023 and related Indian regulations, covering crucial aspects such as security measures, data breach protocols, audit rights, and data transfer mechanisms. It's particularly relevant in scenarios involving cloud services, outsourcing arrangements, or technology partnerships where both parties process personal data on behalf of data controllers. The document includes specific provisions for Indian jurisdiction requirements, including data localization where applicable, and addresses cross-border data transfer requirements.

Suggested Sections

1. Parties: Identification of both processors, their registered addresses, and company details

2. Background: Context of the agreement, relationship between parties, and basic purpose of the data processing arrangement

3. Definitions: Definitions of key terms including Personal Data, Processing, Sub-processor, Data Protection Laws, Security Measures, and other relevant terms

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data involved, and processing purposes

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Obligations of the Parties: General obligations of both processors in relation to data processing activities

7. Data Security Measures: Technical and organizational security measures required to protect personal data

8. Confidentiality: Confidentiality obligations regarding processed data and business information

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

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

11. Audit Rights: Rights and procedures for conducting audits of data processing activities

12. Data Transfer Mechanisms: Rules for transferring data between parties and across borders

13. Liability and Indemnification: Allocation of liability and indemnification obligations

14. Termination: Conditions for termination and data handling upon termination

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

Optional Sections

1. Data Protection Impact Assessment: Required when processing activities are likely to result in high risk to individuals

2. Specific Industry Compliance: Added when processing involves regulated sectors like healthcare or financial services

3. Insurance Requirements: Specific insurance obligations for high-risk processing activities

4. Business Continuity: Required for critical processing activities requiring business continuity planning

5. Cross-Border Data Transfer Safeguards: Required when data transfer outside India is contemplated

6. Data Localization Requirements: Required when dealing with specific types of data that must be stored in India

Suggested Schedules

1. Schedule 1 - Description of Processing Activities: Detailed description of processing activities, including data types, purposes, and processing operations

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

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for data transfers, including any standard contractual clauses

5. Schedule 5 - Contact Points and Procedures: Contact details for key personnel and procedures for routine communications and emergencies

6. Appendix A - Data Breach Response Plan: Detailed procedures for handling data breaches, including notification templates and timelines

7. Appendix B - Audit Requirements: Detailed audit procedures, requirements, and schedules

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Business Process Outsourcing

Cloud Services

Data Analytics

Financial Services

Healthcare Technology

E-commerce

Digital Marketing

Telecommunications

Professional Services

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Privacy Office

Risk Management

Procurement

Data Governance

Information Technology

Vendor Management

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Analyst

Operations Manager

Procurement Manager

Contract Manager

Risk Manager

Data Governance Manager

Technical Operations Director

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