DPA Data Privacy Agreement Template for India

The Data Privacy Agreement (DPA) is essential for organizations operating in India that engage in the processing of personal data through third-party service providers. This document becomes particularly crucial with the implementation of the Digital Personal Data Protection Act 2023, which mandates specific requirements for data processing relationships. The DPA establishes clear guidelines for data handling, security measures, and compliance responsibilities between data controllers and processors. It should be used whenever an organization (controller) engages another party (processor) to process personal data on its behalf, ensuring compliance with Indian data protection laws. The agreement covers crucial aspects such as security measures, data breach protocols, cross-border transfers, and data principal rights, while incorporating specific Indian regulatory requirements including data localization where applicable.

1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives

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

3. Definitions: Definitions of key terms used in the agreement, aligned with DPDP Act 2023 terminology

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of personal data, and processing purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and processing restrictions

6. Obligations of the Data Controller: Responsibilities of the controller including lawful basis for processing and instructions to processor

7. Data Security Requirements: Specific security measures and standards required for data protection

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

9. Data Principal Rights: Procedures for handling data principal requests and ensuring their rights

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

11. Audit and Compliance: Rights of controller to audit and processor's obligations to demonstrate compliance

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

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

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