NDA For Data Sharing Template for India

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Key Requirements PROMPT example:

NDA For Data Sharing

"I need an NDA for Data Sharing to protect healthcare data being shared between my Indian pharmaceutical company and a US-based research institution, starting March 2025, with specific provisions for cross-border data transfers and compliance with both Indian and US healthcare regulations."

Document background
This NDA For Data Sharing is essential for organizations engaging in data exchange activities within India's jurisdiction. It becomes particularly relevant when businesses need to share sensitive information, including personal data, business intelligence, or proprietary information with third parties. The agreement ensures compliance with Indian data protection laws, including the Digital Personal Data Protection Act 2023 and IT Act 2000, while protecting the interests of all parties involved. This document is crucial for establishing clear guidelines on data handling, security measures, and confidentiality obligations, making it suitable for various scenarios from business partnerships to research collaborations. The agreement addresses both digital and non-digital data sharing, incorporating necessary safeguards for cross-border transfers and breach notification procedures.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details

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

3. Definitions: Detailed definitions including 'Confidential Information', 'Data', 'Personal Data', 'Processing', 'Security Measures', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and data covered under the agreement

5. Purpose and Permitted Use: Specific purposes for which the confidential information and data may be used

6. Data Protection Obligations: Obligations regarding handling of personal data, compliance with Indian data protection laws

7. Security Measures: Required technical and organizational security measures for protecting shared data

8. Confidentiality Obligations: Core confidentiality obligations, including non-disclosure and non-use provisions

9. Return or Destruction of Data: Procedures for returning or destroying confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach Notification: Requirements and procedures for notifying data breaches or security incidents

12. General Provisions: Standard legal provisions including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Cross-Border Data Transfer: Required when data will be transferred outside India, specifying compliance with data localization requirements

2. Audit Rights: Optional section granting rights to audit compliance with security and confidentiality obligations

3. Subcontractor Provisions: Required when either party may engage subcontractors to process the shared data

4. Industry-Specific Compliance: Required when data relates to regulated industries (e.g., healthcare, financial services)

5. Data Processing Agreement: Required when personal data processing is a significant component of the data sharing

6. Intellectual Property Rights: Required when shared data includes or may result in intellectual property

7. Insurance Requirements: Optional section specifying required insurance coverage for data protection and cyber risks

Suggested Schedules

1. Schedule 1 - Description of Shared Data: Detailed categorization and description of data to be shared

2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection

3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the confidential information

4. Schedule 4 - Data Processing Details: Details of data processing activities including purpose, duration, and type of processing

5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential data

6. Appendix B - Breach Response Plan: Detailed procedures for responding to and reporting data breaches

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

Manufacturing

Research and Development

Telecommunications

Professional Services

Education

Pharmaceutical

Banking

Insurance

Market Research

Biotechnology

Relevant Teams

Legal

Information Technology

Information Security

Data Protection

Compliance

Risk Management

Research and Development

Business Development

Operations

Privacy

Corporate Affairs

Technical Operations

Data Analytics

Relevant Roles

Chief Technology Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Privacy Officer

Compliance Manager

Information Security Manager

Data Manager

Business Development Director

Research Director

IT Director

Operations Manager

Project Manager

Risk Manager

Technology Consultant

Data Scientist

Systems Administrator

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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