Data Privacy Addendum

Data Privacy Addendum Template for India

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Key Requirements PROMPT example:

"I need a Data Privacy Addendum for my Indian technology company that will be using a US-based cloud service provider starting March 2025, with specific provisions for cross-border data transfers and compliance with both Indian and international data protection standards."

Document background

A Data Privacy Addendum is a critical legal document required whenever a business entity shares, processes, or handles personal data through third-party service providers in India. This document supplements the main service agreement by incorporating specific data protection requirements mandated by Indian law, including the Information Technology Act, 2000, and associated rules. It becomes particularly important in light of India's evolving data protection landscape, especially with the introduction of the Digital Personal Data Protection Act, 2023. The addendum details responsibilities regarding data security, breach notification, cross-border transfers, and compliance with Indian regulatory requirements. It is essential for businesses operating in India or handling data of Indian residents, as it provides the necessary legal framework for data protection compliance and risk management.

Suggested Sections

1. Parties: Identification of the data controller/business and data processor/service provider, including their registered addresses and company details

2. Background: Context of the DPA, reference to the main agreement, and purpose of this addendum

3. Definitions: Key terms including Personal Data, Sensitive Personal Data, Processing, Data Subject, Security Breach, etc., aligned with Indian law

4. Scope and Purpose of Processing: Details of what personal data will be processed and for what purposes

5. Obligations of the Data Processor: Core responsibilities including processing only on documented instructions, confidentiality, security measures, and breach notification

6. Data Security Requirements: Specific security measures required under Indian IT Rules and industry standards

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

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

9. Audit and Compliance: Rights of the controller to audit and processor's obligations to demonstrate compliance

10. Term and Termination: Duration of the DPA and conditions for termination

11. Return or Deletion of Data: Obligations regarding data handling upon termination

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

Optional Sections

1. Cross-Border Data Transfers: Required when personal data will be transferred outside India, including mechanisms for ensuring adequate protection

2. Sub-Processing: Include when the processor may engage sub-processors, detailing authorization requirements and obligations

3. Sector-Specific Compliance: Required for regulated industries like healthcare or financial services

4. Data Localization Requirements: Include for financial data subject to RBI requirements or other sector-specific data localization rules

5. Insurance Requirements: Specific insurance obligations for data protection, if required

6. Business Continuity and Disaster Recovery: Detailed requirements for ensuring data availability and recovery

7. Special Categories of Data: Additional provisions for processing sensitive personal data as defined under Indian law

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of data processing activities, categories of data subjects, types of personal data

2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented to protect personal data

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

4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

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

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Healthcare

Financial Services

E-commerce

Education

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Pharmaceuticals

Business Process Outsourcing

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Procurement

Vendor Management

Data Governance

Privacy

Information Technology

Corporate Affairs

Operations

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

Procurement Manager

Vendor Management Officer

Contract Manager

Chief Technology Officer

Chief Legal Officer

Data Governance Manager

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