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Non Disclosure Agreement Data Protection

Non Disclosure Agreement Data Protection Template for India

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Key Requirements PROMPT example:

Non Disclosure Agreement Data Protection

"I need a Non Disclosure Agreement Data Protection for an IT services contract with a US-based vendor who will process our customer data in India, with the agreement starting from March 2025 and including specific provisions for cross-border data transfers and breach notification procedures."

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Document background
This Non-Disclosure Agreement Data Protection template is specifically designed for use under Indian jurisdiction, incorporating requirements from the Digital Personal Data Protection Act 2023, Information Technology Act 2000, and other relevant Indian legislation. The document is essential when parties need to share confidential information and personal data in various business contexts, such as business partnerships, vendor relationships, employment, or potential transactions. It provides comprehensive protection for both traditional confidential information and personal data, including specific provisions for data processing, security measures, breach notification, and cross-border transfers. The agreement is particularly relevant in today's digital business environment where data protection compliance is crucial, and it helps organizations meet their statutory obligations under Indian law while protecting their proprietary information.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Principal, Data Fiduciary, and other relevant terms under Indian law

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Data Protection Compliance: Specific obligations under Indian data protection laws, including handling of personal data and security measures

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

8. Security Measures: Required technical and organizational measures for protecting confidential information and personal data

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request

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

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights in confidential information, used when shared information includes IP assets

2. Cross-Border Data Transfer: Provisions for international data transfers, required when confidential information will be transferred outside India

3. Data Breach Notification: Specific procedures for handling and reporting data breaches, recommended for high-sensitivity data

4. Audit Rights: Rights to audit compliance with confidentiality and data protection obligations, useful for long-term or high-risk relationships

5. Subcontractor Obligations: Requirements for sharing confidential information with subcontractors, needed when third-party processing is anticipated

6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information

7. Survival Clause: Specification of obligations that survive termination, recommended for long-term protection needs

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required

4. Schedule 4 - Data Processing Activities: Description of specific data processing activities permitted under the agreement

5. Appendix A - Data Transfer Mechanisms: Details of approved methods for transferring confidential information and personal data

6. Appendix B - Breach Notification Procedures: Step-by-step procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Manufacturing

Professional Services

Telecommunications

Education

Pharmaceutical

Research and Development

Business Process Outsourcing

Banking

Insurance

Retail

Biotechnology

Relevant Teams

Legal

Compliance

Information Security

Human Resources

Information Technology

Risk Management

Procurement

Business Development

Operations

Data Protection

Privacy

Corporate Affairs

Research and Development

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

HR Director

IT Manager

Project Manager

Business Development Manager

Operations Director

Risk Manager

Procurement Manager

Chief Information Security Officer

Chief Technology Officer

Contract Manager

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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