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Third Party Data Sharing Agreement Template for India

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Key Requirements PROMPT example:

Third Party Data Sharing Agreement

"I need a Third Party Data Sharing Agreement for my healthcare technology company based in Mumbai to share patient data with a research institution in Bangalore, with specific provisions for handling sensitive medical information and compliance with healthcare data regulations in India."

Document background
The Third Party Data Sharing Agreement is essential for organizations operating in India that need to share data with external parties while maintaining compliance with Indian data protection laws. This document becomes necessary when organizations need to transfer, process, or analyze data through third parties, whether for business operations, research, or service delivery. It addresses key requirements under Indian legislation, including the Digital Personal Data Protection Act 2023 and IT Rules, specifically covering aspects such as data security, privacy protection, breach notification, and cross-border data transfers. The agreement is particularly crucial given India's evolving data protection landscape and the need to establish clear accountability and security measures when sharing sensitive information with third parties.
Suggested Sections

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

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

3. Definitions: Detailed definitions of technical terms, types of data, and key concepts used throughout the agreement

4. Scope of Data Sharing: Specific details about what data will be shared, purposes of sharing, and any restrictions on use

5. Data Protection Obligations: Compliance requirements with Indian data protection laws, security measures, and safeguards

6. Rights and Responsibilities: Detailed obligations of each party regarding data handling, protection, and usage

7. Security Measures: Specific security protocols and standards required for data protection

8. Confidentiality: Obligations regarding maintaining confidentiality of shared data

9. Data Breach Procedures: Protocol for handling and reporting data breaches

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

11. Post-Termination Obligations: Obligations that survive termination, including data deletion or return

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

13. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. International Data Transfers: Required when data will be transferred outside India, including compliance with cross-border data transfer regulations

2. Audit Rights: Include when regular audits of data handling practices are required

3. Sub-processing: Required when either party may engage sub-processors to handle the shared data

4. Insurance Requirements: Include when specific insurance coverage for data protection is required

5. Industry-Specific Compliance: Required when data sharing involves regulated industries like healthcare or financial services

6. Data Monetization: Include when there are commercial arrangements around data usage or insights

7. Service Level Agreements: Required when specific performance metrics for data sharing need to be maintained

Suggested Schedules

1. Schedule 1 - Types of Data: Detailed categorization of data being shared, including personal and sensitive personal data

2. Schedule 2 - Technical and Security Requirements: Specific technical standards, security protocols, and implementation requirements

3. Schedule 3 - Data Processing Activities: Detailed description of allowed data processing activities and purposes

4. Schedule 4 - Contact Details and Escalation Matrix: Key contacts for operational matters and breach reporting

5. Schedule 5 - Fee Schedule: If applicable, details of any fees or costs associated with data sharing

6. Appendix A - Data Transfer Mechanisms: Technical details of how data will be transferred between parties

7. Appendix B - Compliance Checklist: Checklist of compliance requirements under Indian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses






































Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Insurance

Education

Manufacturing

Professional Services

Research and Development

Retail

Banking

Pharmaceuticals

Marketing and Advertising

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Procurement

Business Development

Research and Development

Contract 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

Data Manager

Business Development Manager

Contract Manager

General Counsel

Chief Operating 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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