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Contract Review

faq

Contract Review

When you outsource any part of your business to a third party, they may become a data processor handling personal data on your behalf. Under the Digital Personal Data Protection Act (DPDPA), existing contracts with these third-party vendors must comply with specific legal provisions to ensure the protection of personal data.

Most existing contracts are not designed with DPDPA compliance in mind, requiring a thorough review and often redrafting. The DPDPA mandates that contracts between data fiduciaries and processors include clauses addressing data protection, ensuring accountability and safeguarding the rights of Data Principals.

Key Contractual Requirements Under DPDPA:

  • Data Processing Clauses: Define the scope, nature, and purpose of data processing activities.
  • Security Measures: Ensure the processor has appropriate technical and organisational measures to protect personal data.
  • Breach Notification Obligations: Require processors to inform data fiduciaries immediately in the event of a data breach.
  • Subcontractor Provisions: Obtain written consent from the data fiduciary before appointing any subcontractors for data processing activities.
  • Data Retention & Deletion: Outline obligations to delete or return personal data at the end of the service contract.

How We Can Help:

Comprehensive Contract Audits

We conduct a thorough review of your existing contracts with third-party vendors, identifying any gaps or areas that need amendments to comply with DPDPA regulations.

Redrafting of Contracts

Our legal experts will draft new, DPDPA-compliant contracts, incorporating the mandatory provisions required by law, such as security measures, data processing clauses, and breach notification obligations.

Ensuring Alignment Between Data Fiduciaries and Processors

We ensure that all agreements between you (the data fiduciary) and your processors are aligned with DPDPA guidelines, minimising risk and establishing clear responsibilities for data protection.

Contract Negotiation Support

Our team can assist in negotiating terms with third-party processors, ensuring they adhere to the strict compliance requirements of the DPDPA, protecting your business from potential liabilities.

Ongoing Compliance Monitoring

Beyond contract drafting, we provide ongoing support to monitor and review contracts periodically, ensuring they remain compliant with evolving regulations and data protection laws.

Contact us for more information.