The Information Sharing Agreement is essential for organizations operating in India that need to share data while maintaining compliance with local regulations. This document becomes necessary when entities need to establish formal arrangements for sharing confidential information, personal data, or proprietary information. It is particularly relevant given India's evolving data protection landscape, including the new Digital Personal Data Protection Act 2023 and the Information Technology Act 2000. The agreement typically covers types of information to be shared, security measures, compliance requirements, and liability provisions. It's crucial for scenarios involving regular data exchange, collaborative projects, outsourcing arrangements, or regulatory reporting requirements.
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1. Parties: Identification of all parties to the agreement with full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of information sharing
3. Definitions: Definitions of key terms, including types of data, security measures, and other important concepts
4. Scope of Information Sharing: Details of what information will be shared, purposes, and limitations
5. Data Protection and Privacy: Compliance requirements with Indian data protection laws and privacy standards
6. Security Measures: Required security protocols, encryption standards, and access controls
7. Roles and Responsibilities: Specific obligations of each party regarding data handling and protection
8. Confidentiality: Confidentiality obligations and permitted uses of shared information
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Data Breach Notification: Procedures for reporting and handling data breaches
11. Return or Destruction of Data: Protocols for data handling upon termination
12. General Provisions: Standard clauses including governing law, jurisdiction, and dispute resolution
1. Cross-Border Data Transfers: Required when information will be transferred outside India, addressing compliance with DPDP Act 2023
2. Data Processor Obligations: Required when third-party data processors are involved in handling the shared information
3. Industry-Specific Compliance: Required for regulated industries like healthcare or financial services
4. Audit Rights: Optional section allowing parties to audit compliance with the agreement
5. Insurance Requirements: Optional section specifying required insurance coverage for data protection
6. Business Continuity: Optional section for critical information sharing requiring disaster recovery plans
7. Sub-processor Requirements: Required when the receiving party may engage sub-processors
1. Schedule 1 - Types of Information: Detailed list and description of all information types to be shared
2. Schedule 2 - Security Standards: Technical and organizational security measures required
3. Schedule 3 - Data Transfer Procedures: Detailed procedures for how information will be transferred between parties
4. Schedule 4 - Contact Details: Key contacts for operational matters and breach notification
5. Schedule 5 - Processing Activities: Detailed description of all processing activities to be performed
6. Appendix A - Data Flow Diagram: Visual representation of how information flows between parties
7. Appendix B - Incident Response Plan: Detailed procedures for handling data breaches and security incidents
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