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10 of 14|Obligations of Data Fiduciary
video 20 min•Contractual Obligations

Processor Contracts

What must be included in a Data Processing Agreement.

🎯 Learning Objectives

  • ▸ Understand the mandatory clauses in a processor contract
  • ▸ Draft a Data Processing Agreement (DPA)

Mandatory Clauses

The DPDPA requires that the contract with a Data Processor must include:

  • • Scope of processing.
  • • Security measures the processor must implement.
  • • Prohibition on sub-processing without consent.
  • • Assistance with data principal rights requests.
  • • Assistance with breach notifications.
  • • Data deletion upon contract termination.

📖 Glossary

DPA
Data Processing Agreement, a contract between a Data Fiduciary and a Data Processor.

🔑 Key Takeaways

  • The contract must specify the purpose of processing.
  • It must require the processor to implement security.
  • The processor must assist with breach notifications.

📚 Further Reading

  • DPDPA Section 8(2) — Government of India (2023)
Shilpi Kulshrestha
Course Author

Shilpi Kulshrestha

Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...

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