Data Addendum Template for India

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Key Requirements PROMPT example:

Data Addendum

"I need a Data Addendum for my healthcare technology company based in Mumbai, which will process patient data on behalf of multiple hospitals across India, with potential data transfers to cloud servers in Singapore, to be effective from March 2025."

Document background
A Data Addendum is essential when parties engage in processing personal or sensitive data in India or are subject to Indian data protection laws. This document supplements existing agreements by incorporating specific data protection requirements mandated by Indian legislation, particularly the Digital Personal Data Protection Act 2023 and the Information Technology Act 2000. It becomes necessary when organizations share, process, or transfer personal data, whether as part of service agreements, vendor contracts, or intra-group arrangements. The addendum addresses crucial aspects such as data security measures, breach notification procedures, cross-border transfer requirements, and compliance with data subject rights under Indian law. It is particularly relevant given India's evolving data protection landscape and the increasing focus on data privacy compliance.
Suggested Sections

1. Parties: Identification of the data controller/processor and other relevant parties

2. Background: Context of the addendum and its relationship to the main agreement

3. Definitions: Key terms including types of data, processing activities, and regulatory references

4. Scope and Purpose: Extent of data processing activities covered and their intended purposes

5. Data Protection Obligations: Core obligations regarding data processing, security, and protection

6. Data Security Measures: Specific technical and organizational security measures required

7. Data Breach Notification: Procedures and timelines for reporting data breaches

8. Cross-border Data Transfers: Rules and requirements for international data transfers

9. Rights of Data Principals: Procedures for handling data subject rights under Indian law

10. Audit and Compliance: Rights and procedures for verifying compliance

11. Liability and Indemnification: Allocation of risks and responsibilities

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

13. Return or Deletion of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Confirmation of Indian law application and jurisdiction

Optional Sections

1. Sub-processing: Include when the processor may engage sub-processors

2. Data Localization Requirements: Include for sectors with specific data localization requirements (e.g., financial data)

3. Sector-Specific Compliance: Include for regulated industries (healthcare, financial services, etc.)

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

5. Business Continuity: Include when processing involves critical data requiring disaster recovery plans

6. Data Protection Impact Assessment: Include for high-risk processing activities

7. Consent Management: Include when specific consent collection and management procedures are needed

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed

2. Schedule 2 - Permitted Processing Activities: Specific processing activities authorized under the addendum

3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented

4. Schedule 4 - Approved Sub-processors: List of authorized sub-processors if applicable

5. Schedule 5 - Data Transfer Mechanisms: Details of cross-border transfer arrangements and safeguards

6. Appendix A - Contact Details: Key contacts for data protection matters and breach notification

7. Appendix B - Compliance Checklist: Checklist of key compliance requirements and responsibilities

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Information Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Insurance

Manufacturing

Retail

Professional Services

Banking

Pharmaceuticals

Digital Marketing

Human Resources Services

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Information Governance

Data Protection

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Privacy Manager

IT Director

Procurement Manager

Vendor Management Lead

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Information Governance 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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