What should a Data Processing Agreement include under DPDP?

What should a Data Processing Agreement include under DPDP?
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What should a Data Processing Agreement include under DPDP?

The clauses a DPDP data processing agreement can't skip.

Quick Answer: A DPDP data processing agreement should define the scope and purpose of processing, require the processor to act only on your instructions, set security obligations, control the use of sub-processors, fix breach-notification timelines back to you, grant audit rights, and require deletion or return of personal data on termination. It should also address cross-border transfer limits and assistance with data principal rights requests.

Scope, instructions and security

State exactly what data is processed and why, and bind the processor to act only on your documented instructions. Require defined security safeguards proportionate to the data, and prohibit use of the data for the processor's own purposes.

Sub-processors and breaches

Require your prior permission for sub-processors and flow-down of the same obligations. Set a breach-notification clock back to you that's tight enough to let you meet your own 72-hour duty to the Board, with the information you'll need.

Exit and assistance

On termination, require deletion or return of all personal data and copies. Oblige the processor to help you respond to access, correction and erasure requests, and to support audits or inspections.

Frequently asked questions

Is a DPA legally required under DPDP?

Processing by a processor must be under a valid contract. A DPA is how you set the required terms and demonstrate accountability.

What's the most important DPA clause?

Breach notification timing — it must be quick enough for you to meet your own 72-hour obligation to the Board.

Can a processor use my data for its own purposes?

No. The DPA should restrict the processor to acting on your instructions for the agreed purpose only.

Generate a DPA

Use the DPA Generator to produce a DPDP-aligned data processing agreement for any vendor.

DPA Generator
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