Personal Data Collection Agreement Template for India

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Key Requirements PROMPT example:

Personal Data Collection Agreement

"I need a Personal Data Collection Agreement for my healthcare technology startup in Mumbai that will collect patient health data through our mobile app, with special emphasis on medical data protection and parental consent for minor patients."

Document background
This Personal Data Collection Agreement is essential for any organization collecting personal data from individuals in India. It is designed to comply with the Digital Personal Data Protection Act 2023, Information Technology Act 2000, and related Indian data protection regulations. The agreement should be used whenever an organization intends to collect, process, or store personal data of Indian residents. It covers crucial aspects such as consent requirements, data subject rights, security measures, breach notifications, and cross-border data transfers. The document is particularly important given India's evolving data protection landscape and the increasing focus on privacy rights. Organizations must ensure this agreement is in place before initiating any personal data collection activities to maintain legal compliance and establish trust with data subjects.
Suggested Sections

1. Parties: Identification of the Data Controller/Fiduciary (collecting entity) and the Data Subject (individual whose data is being collected)

2. Background: Context of the data collection relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, including types of personal data, processing activities, and technical terms

4. Purpose of Data Collection: Specific purposes for which personal data will be collected and processed

5. Types of Personal Data: Detailed categorization of personal data to be collected, including sensitive personal data if applicable

6. Consent and Authorization: Express consent clauses and authorization for data collection and processing

7. Data Processing Activities: Description of how the collected data will be processed, stored, and used

8. Data Subject Rights: Rights of the data subject including access, correction, deletion, and data portability

9. Data Security Measures: Security protocols and measures implemented to protect personal data

10. Data Retention Period: Duration for which data will be stored and criteria for determination

11. Data Sharing and Transfer: Conditions under which data may be shared with third parties or transferred internationally

12. Breach Notification: Procedures for handling and notifying data breaches

13. Termination: Conditions for termination and consequences for collected data

14. Governing Law and Jurisdiction: Applicable laws and jurisdiction for dispute resolution

Optional Sections

1. International Data Transfers: Required when personal data may be transferred outside India, specifying compliance with cross-border data transfer requirements

2. Special Categories of Data: Required when collecting sensitive personal data such as health information, biometric data, or financial information

3. Children's Data Protection: Required when collecting data from minors, including parental consent requirements

4. Automated Decision Making: Required when using automated processing or profiling systems

5. Data Protection Impact Assessment: Required for high-risk processing activities

6. Grievance Resolution: Detailed procedure for handling data subject complaints and disputes

7. Insurance and Indemnification: Required when specific insurance coverage or indemnification for data incidents is needed

Suggested Schedules

1. Schedule A - Categories of Personal Data: Detailed list of all personal data categories to be collected

2. Schedule B - Technical and Organizational Security Measures: Specific security measures and protocols implemented for data protection

3. Schedule C - Data Processing Activities: Detailed description of all processing activities and purposes

4. Schedule D - Authorized Third-Party Processors: List of approved third-party data processors and their roles

5. Appendix 1 - Consent Forms: Standard consent forms and opt-in/opt-out mechanisms

6. Appendix 2 - Data Subject Rights Request Forms: Templates for various data subject rights requests

7. Appendix 3 - Data Breach Response Plan: Detailed procedures for handling data breaches and incident response

8. Appendix 4 - Privacy Notices: Detailed privacy notices and information to be provided to data subjects

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

Healthcare

Financial Services

Technology

E-commerce

Education

Telecommunications

Insurance

Retail

Professional Services

Human Resources

Marketing and Advertising

Travel and Hospitality

Real Estate

Manufacturing

Government and Public Sector

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Human Resources

Marketing

Customer Service

Operations

Data Analytics

Systems Administration

Internal Audit

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Technology Officer

Chief Information Officer

Chief Privacy Officer

General Counsel

Operations Manager

HR Manager

Marketing Manager

Customer Service Manager

Data Analytics Manager

Systems Administrator

Database Administrator

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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