Joint Controller Data Processing Agreement Template for India

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Key Requirements PROMPT example:

Joint Controller Data Processing Agreement

"I need a Joint Controller Data Processing Agreement for a healthcare technology partnership between my Mumbai-based hospital and a Bangalore-based AI diagnostics company, with specific provisions for handling sensitive medical data and compliance with healthcare regulations, to be implemented by March 2025."

Document background
This Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine how personal data will be processed under Indian law. It becomes necessary when multiple entities collaborate on data processing activities, share data processing infrastructure, or jointly make decisions about data processing purposes and means. The agreement ensures compliance with the Digital Personal Data Protection Act, 2023, and other relevant Indian regulations while clearly defining each party's obligations, liability distribution, and cooperation mechanisms. It is particularly important for organizations engaged in joint ventures, partnerships, or collaborative projects involving personal data processing in India. The document includes detailed provisions for data protection measures, breach handling, data subject rights management, and regulatory compliance requirements.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used in the agreement, including those aligned with Indian data protection laws

4. Scope and Purpose: Details of the joint processing activities and purposes covered by the agreement

5. Roles and Responsibilities: Specific duties and obligations of each joint controller in the data processing activities

6. Data Protection Compliance: Commitments to comply with Indian data protection laws and specific measures required

7. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities

8. Security Measures: Technical and organizational measures required for data protection

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

10. Liability and Indemnification: Distribution of liability between joint controllers and indemnification provisions

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

12. Governing Law and Jurisdiction: Confirmation of Indian law application and jurisdiction for disputes

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

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside India

2. Sector-Specific Compliance: Include when processing data in regulated sectors like healthcare or finance

3. Sub-processing: Include when either controller may engage sub-processors

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

5. Audit Rights: Optional section detailing mutual audit rights between controllers

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

7. Business Continuity: Include when continuous data availability is critical to operations

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all joint processing activities, purposes, and categories of data

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented by both parties

3. Schedule 3 - Contact Points and Escalation Matrix: Key contacts for operational matters and breach reporting

4. Schedule 4 - Data Subject Request Procedure: Detailed procedures for handling data subject rights requests

5. Schedule 5 - Breach Notification Template: Standard format for reporting data breaches between parties

6. Appendix A - Data Flow Diagram: Visual representation of data flows between joint controllers

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

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
Clauses
Relevant Industries

Technology and Software

Healthcare and Medical Services

Financial Services

E-commerce

Education

Telecommunications

Professional Services

Insurance

Manufacturing

Retail

Digital Marketing

Market Research

Human Resources Services

Cloud Services

Consulting

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Data Governance

Operations

Executive Leadership

Procurement

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Chief Information Security Officer

Chief Legal Officer

Risk Manager

Data Governance Manager

IT Director

Chief Technology Officer

Operations Director

Chief Executive Officer

Contract Manager

Privacy Analyst

Compliance 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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