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Data Controller DPA

Data Controller DPA Template for India

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Key Requirements PROMPT example:

Data Controller DPA

"I need a Data Controller DPA under Indian law for our fintech company that will be using a cloud service provider in Singapore for processing customer financial data, with specific focus on cross-border data transfers and enhanced security measures for financial information."

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Document background
The Data Controller DPA is essential for organizations operating in India that engage third parties to process personal data on their behalf. This document becomes necessary when a company (data controller) outsources any data processing activities to another organization (data processor). It ensures compliance with Indian data protection regulations, particularly the IT Act 2000, its associated rules, and the Digital Personal Data Protection Act, 2023. The agreement is crucial for establishing clear responsibilities, security requirements, and compliance obligations between parties. It includes specific provisions for data handling, security measures, breach notifications, and data subject rights as required under Indian law. The Data Controller DPA is particularly important given India's strict data protection regime and significant penalties for non-compliance.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including full legal names, registration details, and addresses

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

3. Definitions: Key terms used in the agreement, including specific Indian law terminology from IT Act and DPDP Act 2023

4. Scope and Purpose of Processing: Detailed description of authorized data processing activities and purposes

5. Duration: Term of the agreement and processing activities

6. Nature and Purpose of Processing: Specific details about types of processing activities and their intended purposes

7. Types of Personal Data: Categories of personal data and sensitive personal data being processed

8. Categories of Data Subjects: Description of individuals whose data will be processed

9. Obligations of the Data Processor: Processor's responsibilities including security measures, confidentiality, and compliance with instructions

10. Rights and Obligations of the Data Controller: Controller's responsibilities, authority, and control over processing activities

11. Security Measures: Technical and organizational security measures compliant with Indian regulations

12. Confidentiality: Confidentiality obligations and restrictions on data access

13. Sub-processing: Conditions and requirements for engaging sub-processors

14. Data Subject Rights: Procedures for handling data subject requests and rights under Indian law

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

16. Audit Rights: Controller's rights to audit processor's compliance

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

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

Optional Sections

1. Cross-Border Transfers: Required when personal data will be transferred outside India, specifying compliance with data localization requirements

2. Data Protection Impact Assessment: Required for high-risk processing activities

3. Special Categories of Data: Required when processing sensitive personal data as defined under Indian law

4. Insurance Requirements: Optional section specifying required insurance coverage for data processing activities

5. Force Majeure: Optional provisions for unforeseen circumstances affecting data processing

6. Language: Required when agreement needs to be executed in multiple languages

7. Regulatory Cooperation: Required when specific cooperation with Indian regulatory authorities is necessary

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all processing activities, purposes, and data categories

2. Schedule 2 - Security Measures: Technical and organizational security measures implemented by the processor

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

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

5. Schedule 5 - Contact Points: Key contacts for operational, technical, and legal matters

6. Appendix A - Data Subject Request Procedure: Detailed procedures for handling data subject rights requests

7. Appendix B - Breach Notification Procedure: Step-by-step process for breach notification and response

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Banking

Consulting

Cloud Services

Business Process Outsourcing

Digital Marketing

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Procurement

Data Protection

Vendor Management

Operations

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Risk Manager

IT Director

Chief Information Security Officer

Chief Technology Officer

Contract Manager

Procurement Manager

Chief Legal Officer

Privacy Analyst

Compliance Officer

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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