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Data Use Agreement

Data Use Agreement Template for India

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement for sharing healthcare research data between our hospital and a research institution in Mumbai, with strict provisions for handling sensitive patient data and compliance with Indian healthcare regulations, to be effective from March 2025."

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Document background
A Data Use Agreement is essential when organizations need to share, process, or handle data while ensuring compliance with Indian legal requirements. This document becomes necessary when entities engage in data sharing arrangements, whether for business operations, research purposes, or service delivery. The agreement must align with India's Information Technology Act 2000, the Digital Personal Data Protection Act 2023, and related regulations, providing comprehensive coverage of data protection obligations, security measures, and compliance requirements. It's particularly crucial when handling personal data, sensitive information, or when establishing long-term data sharing relationships. The Data Use Agreement helps organizations define responsibilities, establish security protocols, and ensure proper data handling practices while maintaining compliance with Indian privacy laws.
Suggested Sections

1. Parties: Identification of the data provider and data recipient, including their legal status and contact details

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

3. Definitions: Detailed definitions of key terms including Personal Data, Sensitive Personal Data, Processing, Security Measures, and other relevant terms

4. Scope of Data Use: Specific description of the data being shared and permitted uses

5. Data Protection Obligations: Security measures, confidentiality requirements, and compliance with Indian data protection laws

6. Rights and Restrictions: Permitted uses, prohibited activities, and intellectual property rights

7. Security Requirements: Technical and organizational measures required for data protection

8. Breach Notification: Procedures for reporting and handling data breaches

9. Term and Termination: Duration of the agreement and termination conditions

10. Return or Destruction of Data: Procedures for handling data upon termination

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

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

2. Sensitive Personal Data Handling: Additional provisions when dealing with sensitive personal data as defined under Indian law

3. Audit Rights: Provisions allowing data provider to audit recipient's compliance

4. Sub-processor Requirements: Terms governing the appointment and obligations of sub-processors

5. Data Subject Rights: Procedures for handling data subject requests and rights

6. Insurance Requirements: Specific insurance obligations for data protection

7. Business Continuity: Requirements for maintaining business continuity and disaster recovery

Suggested Schedules

1. Schedule 1 - Data Specification: Detailed description of data categories, formats, and transfer methods

2. Schedule 2 - Security Standards: Specific technical and organizational security measures required

3. Schedule 3 - Processing Activities: Detailed list of permitted processing activities and purposes

4. Schedule 4 - Compliance Documentation: Required certifications and compliance documentation

5. Schedule 5 - Contact Details: Key contacts for operational, technical, and legal matters

6. Appendix A - Data Transfer Mechanisms: Details of mechanisms used for secure data transfer

7. Appendix B - Incident Response Plan: Detailed procedures for handling data security incidents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries

Healthcare

Information Technology

Financial Services

E-commerce

Education

Research and Development

Telecommunications

Professional Services

Manufacturing

Insurance

Relevant Teams

Legal

Information Technology

Compliance

Information Security

Risk Management

Data Protection

Operations

Research and Development

Business Development

Privacy

Project Management

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Research Director

Data Analytics Manager

Chief Technology Officer

Risk Manager

Operations Manager

Project Manager

Business Development Manager

Chief Privacy Officer

Industries






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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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