DPA Data Protection Agreement Template for India

The Data Protection Agreement (DPA) is a crucial legal document required whenever an organization (data controller) engages another party (data processor) to process personal data on its behalf in India. This agreement becomes essential under Indian data protection laws, including the IT Act 2000, IT Rules 2011, and the Digital Personal Data Protection Act 2023. The DPA sets out specific obligations and responsibilities of both parties, ensuring compliance with Indian data protection requirements, including data security measures, breach notification procedures, and data subject rights. It is particularly important given India's evolving data protection landscape and the increasing focus on data privacy and security. The agreement should be implemented before any data processing activities commence and must be regularly reviewed to ensure continued compliance with Indian legal requirements.

1. Parties: Identification of the Data Controller and Data Processor, including their registered addresses and company details

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Personal Data', 'Processing', 'Data Subject', etc. aligned with Indian law

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

5. Obligations of the Data Processor: Core responsibilities including security measures, confidentiality, data handling procedures, and compliance requirements

6. Obligations of the Data Controller: Responsibilities of the data controller including lawful basis for processing and providing documented instructions

7. Security Measures: Specific technical and organizational security measures required to protect personal data

8. Sub-processing: Rules and requirements for engaging sub-processors, including approval processes

9. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in fulfilling these obligations

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

11. Audit Rights: Controller's rights to audit the processor's compliance 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 termination of services

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