Controller To Controller Agreement Template for India

A Controller to Controller Agreement is required when two or more organizations need to share personal data while maintaining independent control over their respective data processing activities. This document is essential under Indian data protection law, particularly the Digital Personal Data Protection Act 2023, when organizations engage in regular data sharing activities. The agreement covers crucial aspects such as the purpose of data sharing, security measures, compliance requirements, and liability allocation. It is particularly important in scenarios where both parties act as independent data controllers and need to ensure compliant data handling practices. The document should be customized based on the specific data sharing arrangement, types of personal data involved, and the particular requirements of the relevant industry sectors.

1. Parties: Identification of the data controllers entering into the agreement

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

3. Definitions: Definitions of key terms used in the agreement, including technical and legal terminology

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

5. Data Protection Compliance: Obligations regarding compliance with Indian data protection laws and regulations

6. Data Sharing Arrangements: Specific arrangements for sharing data, including methods, frequency, and format

7. Security Measures: Required security measures for data protection during transfer and processing

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under DPDP Act

9. Confidentiality: Obligations regarding confidentiality of shared data

10. Breach Notification: Procedures for notifying data breaches and cooperation requirements

11. Liability and Indemnification: Allocation of liability and indemnification obligations

12. Term and Termination: Duration of the agreement and termination provisions

13. General Provisions: Standard contractual provisions including governing law, jurisdiction, and notices