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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."
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
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
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
Applicable Law
Breach of Security
Business Purpose
Confidential Information
Consent
Controller
Data Fiduciary
Data Principal
Data Processing
Data Protection Impact Assessment
Data Protection Laws
Data Subject Rights
Digital Personal Data
Effective Date
Force Majeure
Joint Controllers
Notice
Personal Data
Processing Activities
Processing Purposes
Regulatory Authority
Sensitive Personal Data
Services
Significant Data Fiduciary
Sub-processor
Technical and Organizational Measures
Term
Third Party
Working Day
Data Protection Officer
Information Security
Data Breach Notification
Cross-border Transfer
Supervisory Authority
Security Measures
Authorized Personnel
Data Minimization
Privacy by Design
Record of Processing
Joint Processing Activities
Reasonable Security Practices
Material Change
Designated Contact Person
Processing Records
Scope
Joint Controller Obligations
Data Protection Compliance
Data Security
Confidentiality
Liability
Indemnification
Data Subject Rights
Breach Notification
Audit Rights
Cross-border Transfers
Sub-processing
Term and Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendments
Waiver
Counterparts
Insurance
Representations and Warranties
Regulatory Compliance
Technical Measures
Organizational Measures
Record Keeping
Data Retention
Emergency Procedures
Business Continuity
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
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Data Governance
Operations
Executive Leadership
Procurement
Contract Management
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
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