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Privacy Disclosure Notice

Privacy Disclosure Notice Template for India

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Key Requirements PROMPT example:

Privacy Disclosure Notice

I need a Privacy Disclosure Notice for my e-commerce platform launching in March 2025, which will collect customer data in India but process it in Singapore, with specific sections on cross-border transfers and marketing consent mechanisms.

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Document background
A Privacy Disclosure Notice is a fundamental document required for compliance with Indian data protection laws, particularly the Digital Personal Data Protection Act, 2023, and the Information Technology Rules, 2011. This document must be provided by any organization (Data Fiduciary) that collects personal data from individuals in India. The notice serves multiple purposes: it ensures transparency in data processing activities, fulfills legal compliance requirements, and establishes trust with data subjects. It should be implemented before any personal data collection begins and must be easily accessible to all individuals whose data is being collected. The document needs regular updates to reflect changes in data processing practices or regulatory requirements, and must be available in English and applicable regional languages where necessary.
Suggested Sections

1. Introduction: Overview of the notice and its purpose, including the identity and contact details of the Data Fiduciary (organization)

2. Definitions: Key terms used throughout the notice, aligned with DPDP Act 2023 terminology

3. Types of Personal Data Collected: Detailed list of personal data categories collected, including both direct and indirect collection methods

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

5. Legal Basis for Processing: Explanation of the legal grounds under which data is processed, including consent and legitimate interests

6. Data Storage and Security: Information about how data is stored, protected, and for how long it is retained

7. Data Sharing and Disclosure: Details about third parties with whom data may be shared and the purposes for sharing

8. Individual Rights: Explanation of data subject rights under Indian law, including access, correction, and erasure

9. Grievance Redressal: Process for raising privacy concerns and contact details of the Grievance Officer

Optional Sections

1. International Data Transfers: Required if personal data is transferred outside India, detailing the countries and safeguards in place

2. Children's Privacy: Required if services are offered to children, detailing special protections and parental consent requirements

3. Cookies and Tracking Technologies: Required for web-based services, detailing use of cookies and similar technologies

4. Sector-Specific Disclosures: Required for regulated sectors like healthcare or finance, including additional regulatory requirements

5. Marketing Communications: Required if personal data is used for marketing purposes, including opt-out procedures

6. Automated Decision Making: Required if automated processing or profiling is used, explaining logic and consequences

Suggested Schedules

1. Schedule A - Categories of Personal Data: Detailed categorization of all personal data collected, including sensitive personal data

2. Schedule B - Third Party Recipients: List of categories of third parties with whom data is shared and purposes of sharing

3. Schedule C - Technical and Security Measures: Details of security measures implemented to protect personal data

4. Schedule D - Data Retention Periods: Specific retention periods for different categories of personal data

5. Appendix 1 - Cookie Policy: Detailed information about cookies and tracking technologies used, if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Data Principal
Data Fiduciary
Data Processor
Personal Data
Sensitive Personal Data
Processing
Consent
Data Protection Officer
Grievance Officer
Automated Processing
Cross-border Transfer
Data Breach
Third Party
Cookies
Log Files
Encryption
Anonymization
Pseudonymization
Notice
Opt-out
Privacy Settings
Retention Period
Security Safeguards
User
Service Provider
Authorized Representative
Child
Profiling
Direct Marketing
Data Storage
Technical Measures
Organizational Measures
Legitimate Interest
Data Protection Impact Assessment
Disclosure
Privacy Policy
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Retail

Telecommunications

Insurance

Professional Services

Manufacturing

Hospitality

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Customer Service

Marketing

Human Resources

Data Protection

Privacy

Digital

Corporate Communications

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Chief Information Security Officer

Risk Manager

IT Director

Chief Technology Officer

General Counsel

Operations Manager

Customer Service Manager

Digital Marketing Manager

Human Resources Director

Industries
Digital Personal Data Protection Act, 2023: India's newest comprehensive data protection law that establishes rights of individuals, obligations of data processors and fiduciaries, and creates a Data Protection Board
Information Technology Act, 2000: The foundational law governing electronic transactions and data protection in India, providing the basic framework for digital privacy
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Specific rules under the IT Act defining sensitive personal data and mandating security practices for collecting and handling personal information
Puttaswamy Judgment (Supreme Court, 2017): Landmark Supreme Court judgment establishing privacy as a fundamental right under Article 21 of the Indian Constitution
Consumer Protection Act, 2019: Relevant for privacy notices as it includes provisions about consumer data protection and disclosure requirements in digital transactions
Reserve Bank of India's Data Storage Guidelines: Specific requirements for storing and processing financial data, particularly relevant if the privacy notice involves financial information
SEBI Guidelines on Cybersecurity and Cyber Resilience: Relevant for privacy notices in the securities market, mandating specific disclosure requirements for market intermediaries
Telecom Commercial Communications Customer Preference Regulations, 2018: Regulations governing privacy in telecom sector, particularly relevant for communications and marketing consent
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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