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Personal Data Sharing Agreement

Personal Data Sharing Agreement Template for India

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Key Requirements PROMPT example:

Personal Data Sharing Agreement

"I need a Personal Data Sharing Agreement for my healthcare technology company based in Mumbai to share patient data with a cloud service provider in Bangalore, with specific provisions for handling sensitive health data and compliance with healthcare regulations."

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Document background
The Personal Data Sharing Agreement is essential for organizations operating in India that engage in the sharing, transfer, or processing of personal data. This document has become increasingly critical with the implementation of the Digital Personal Data Protection Act 2023 and evolving data protection regulations in India. It is typically used when organizations need to share personal data with third parties, service providers, or business partners while ensuring regulatory compliance. The agreement covers crucial aspects such as data protection obligations, security measures, breach notification procedures, and compliance requirements specific to Indian law. It is particularly relevant for businesses engaging in outsourcing, cloud services, digital marketing, or any operations involving personal data processing. The document helps organizations demonstrate compliance with legal requirements while protecting the interests of data subjects and establishing clear accountability between parties involved in data sharing arrangements.
Suggested Sections

1. Parties: Identification of the data sharing parties, their registered addresses, and company details

2. Background: Context of the data sharing arrangement and relationship between the parties

3. Definitions: Definitions of key terms including Personal Data, Sensitive Personal Data, Processing, Data Fiduciary, Data Processor, etc.

4. Scope and Purpose: Detailed description of the purpose of data sharing and the scope of data processing activities permitted

5. Roles and Responsibilities: Clear delineation of each party's roles, whether as data fiduciary or processor, and their specific responsibilities

6. Data Protection Obligations: Specific obligations regarding data protection, security measures, and compliance with Indian data protection laws

7. Data Transfer Mechanisms: Procedures and requirements for transferring data between parties, including security protocols

8. Security Measures: Detailed security measures and protocols to be implemented for data protection

9. Confidentiality: Confidentiality obligations regarding the shared personal data

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

11. Audit Rights: Rights and procedures for conducting audits to ensure compliance

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

13. Post-Termination Obligations: Obligations of parties after agreement termination, including data return or destruction

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

Optional Sections

1. Cross-Border Data Transfer: Required when personal data will be transferred outside India, specifying compliance with international transfer requirements

2. Data Subject Rights: Detailed procedures for handling data subject rights requests, required when direct interaction with data subjects is anticipated

3. Subprocessing: Include when either party may engage subprocessors for data processing activities

4. Insurance Requirements: Specific insurance obligations, recommended for high-risk data processing activities

5. Service Levels: Include when specific performance metrics need to be maintained for data processing activities

6. Special Categories of Data: Required when processing sensitive personal data or special categories of data

7. Disaster Recovery: Detailed disaster recovery procedures, recommended for critical data processing operations

Suggested Schedules

1. Description of Processing Activities: Detailed description of all data processing activities, including categories of data subjects and personal data

2. Security Measures and Controls: Technical and organizational security measures implemented by both parties

3. Data Transfer Protocols: Technical specifications for data transfer mechanisms and security protocols

4. Contact Details and Escalation Matrix: Contact information for key personnel and escalation procedures

5. Data Retention Schedule: Specific retention periods for different categories of personal data

6. Approved Subprocessors: List of approved subprocessors and their processing activities, if applicable

7. Fee Schedule: Details of any fees or costs associated with the data sharing arrangement

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

Education

E-commerce

Telecommunications

Insurance

Professional Services

Digital Marketing

Retail

Manufacturing

Banking

Pharmaceuticals

Real Estate

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Operations

Privacy

Procurement

Information Governance

Enterprise Architecture

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Information Security Manager

Privacy Manager

Operations Director

Chief Technology Officer

Contract Manager

Chief Legal Officer

Data Governance Manager

Business Development 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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