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This Data Agreement template is essential for organizations operating in India that engage in data sharing, processing, or transfer activities. The document is specifically designed to comply with Indian data protection laws, including the IT Act, 2000, and the Digital Personal Data Protection Act, 2023. It should be used whenever an organization needs to formalize arrangements for sharing personal data, sensitive personal data, or other confidential information with third parties. The agreement includes comprehensive provisions for data protection, security measures, compliance obligations, and breach management, while specifically addressing unique Indian requirements such as data localization and cross-border transfer restrictions. This template is particularly relevant given India's evolving data protection landscape and the increasing focus on data privacy and security compliance.

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

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

3. Definitions: Definitions of key terms including types of data, processing activities, and technical terminology

4. Scope and Purpose: Detailed description of the data sharing arrangement, types of data involved, and permitted purposes of data processing

5. Data Protection Compliance: Obligations regarding compliance with Indian data protection laws, including consent requirements and privacy principles

6. Data Processing Operations: Specific details of how data will be collected, processed, stored, and handled

7. Security Measures: Required technical and organizational security measures for data protection

8. Confidentiality: Confidentiality obligations regarding the shared data

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

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

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Return or Destruction of Data: Obligations regarding data handling upon termination

13. Liability and Indemnities: Allocation of risks and responsibilities between parties

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