Data Processing Agreement India

Uncategorized Dec 6

Once the processing contract is complete, personal data/personal data is returned to facilitate the use of personal data by the processing manager, if required by the processing manager. The subcontractor must first return all personal data and other data and then delete it. The subcontractor (and its subcontractors) immediately ceases processing of personal data from the date set by the processing manager. 8. The data protection impact analysis and the data protection subcontractor provide the company with appropriate support for all data protection impact assessments and prior consultations with supervisory authorities or other data protection authorities; that the company considers reasonably necessary in accordance with section 35 or 36 of the RGPD or equivalent provisions of another data protection law, in any case only with respect to the processing of the company`s personal data by contract processors and taking into account the nature of the processing and information available to processors. [17] India, seeking EU agreement on RGPD compliance for “adequacy” status, Abhimanyu Ghoshal, The European Union (EU) remains an important market for the it/BPO industry in India[ 1]. At present, India`s data protection law has still not been legislated in 2019[2] (“the law”), and India faces many challenges in concluding data processing agreements with the EU. The EU has been one of the largest markets for india`s outsourcing sector and India`s data protection legislation makes us less competitive than other outsourcing markets in this area. In addition, Article 3 (Territorial Application Field) of the General Data Protection Regulation (GDPR) specifies that the regulation will be applicable regardless of whether the processing is carried out in the EU or not.

For Indian companies that do not comply with the RGPD, this means no higher transactions or compliance costs for those who do, and the risk of huge penalties for non-compliance. This article focuses on the transmission of data outside the EU to India and India`s approach to processing these data transfers in relation to its obligation and scope of responsibility. For the purposes of data transmission by an EU-based processing officer processed in India, i.e. data transmission without the necessary safeguards, it is necessary that India`s Data Protection Act 2019 be in compliance with Chapter V of the DSGVO and be considered to be the countries offering adequate protection.

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