The Confidentiality Agreement Data Protection is essential for businesses operating in India that need to share sensitive information and process personal data while ensuring compliance with Indian law, particularly the Digital Personal Data Protection Act 2023 and IT Rules. This document is typically used when parties need to exchange confidential business information while also handling personal data, requiring comprehensive protection for both types of information. It's particularly relevant given India's evolving data protection landscape and increased focus on digital privacy. The agreement serves multiple purposes: protecting proprietary business information, ensuring compliance with data protection regulations, establishing security standards, and creating clear protocols for data handling and breach notification. It's designed to meet the requirements of both Indian contract law and data protection legislation, making it suitable for domestic and international business relationships involving Indian entities or data subjects.
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1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Security Incident, etc.
4. Scope and Purpose: Detailed description of the permitted use of confidential information and personal data, including processing purposes
5. Confidentiality Obligations: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Data Protection Obligations: Specific obligations regarding personal data processing, including compliance with Indian data protection laws
7. Security Measures: Required technical and organizational security measures for protecting confidential information and personal data
8. Breach Notification: Procedures for reporting and handling confidentiality breaches and personal data security incidents
9. Return or Destruction: Requirements for returning or destroying confidential information and personal data upon termination
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Cross-Border Transfer: Required when personal data will be transferred outside India, specifying compliance with transfer requirements
2. Intellectual Property Rights: Required when shared information includes or may include IP-protected material
3. Sub-processing: Required when either party may engage sub-processors to handle confidential information or personal data
4. Insurance: Required for high-risk data sharing arrangements requiring specific insurance coverage
5. Audit Rights: Required for arrangements where regular audits of security measures may be necessary
6. Specific Industry Compliance: Required when dealing with regulated industries (e.g., healthcare, financial services)
7. Force Majeure: Optional clause for circumstances beyond parties' control affecting performance
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Categories of Personal Data: Specification of personal data categories being processed and their sensitivity levels
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Authorized Personnel: List of authorized personnel who may access confidential information and personal data
5. Schedule 5 - Data Processing Details: Detailed description of data processing activities, including purpose, duration, and type of processing
6. Appendix A - Breach Notification Procedure: Detailed procedure for reporting and handling security incidents and breaches
7. Appendix B - Sub-processor Requirements: Requirements and obligations for any approved sub-processors
Relevant legal definitions
Affiliate
Authorised Personnel
Breach of Security
Business Purpose
Confidential Information
Consent
Data Fiduciary
Data Principal
Data Processor
Data Protection Laws
Digital Personal Data
Disclosing Party
Effective Date
Group Company
Information Security Incident
Notice
Personal Data
Processing
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer
Unauthorized Access
Authorised Personnel
Breach of Security
Business Purpose
Confidential Information
Consent
Data Fiduciary
Data Principal
Data Processor
Data Protection Laws
Digital Personal Data
Disclosing Party
Effective Date
Group Company
Information Security Incident
Notice
Personal Data
Processing
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer
Unauthorized Access
Clauses
Interpretation
Confidentiality Obligations
Data Protection
Information Security
Permitted Use
Non-Disclosure
Data Processing
Cross-Border Transfers
Security Measures
Breach Notification
Access Control
Return or Destruction
Personnel Obligations
Third Party Disclosure
Audit Rights
Duration and Survival
Intellectual Property
Indemnification
Liability
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Governing Law
Dispute Resolution
Remedies
Confidentiality Obligations
Data Protection
Information Security
Permitted Use
Non-Disclosure
Data Processing
Cross-Border Transfers
Security Measures
Breach Notification
Access Control
Return or Destruction
Personnel Obligations
Third Party Disclosure
Audit Rights
Duration and Survival
Intellectual Property
Indemnification
Liability
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Governing Law
Dispute Resolution
Remedies
Relevant Industries
Information Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Professional Services
Manufacturing
Pharmaceuticals
Education
Research and Development
Banking
Insurance
Retail
Consulting
Digital Services
Relevant Teams
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Operations
Procurement
Business Development
Data Protection
Corporate Affairs
Vendor Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Security Manager
Risk Manager
Operations Director
Project Manager
Business Development Manager
Procurement Manager
Contract Manager
Privacy Analyst
Information Security Specialist
Data Protection Specialist
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