The Data Release Agreement serves as a crucial legal instrument in India's evolving digital landscape, where data sharing has become increasingly important for business operations and research activities. This document is essential when organizations need to formally transfer or share data while ensuring compliance with Indian legal requirements, particularly the IT Act 2000 and the Digital Personal Data Protection Act 2023. The agreement is commonly used in scenarios involving research collaborations, business partnerships, or service provider relationships where structured data sharing is required. It includes comprehensive provisions for data protection, usage rights, security measures, and compliance obligations, making it suitable for both commercial and non-commercial data sharing arrangements under Indian jurisdiction.
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1. Parties: Identification of the Data Provider and Data Recipient, including full legal names and registered addresses
2. Background: Context of the agreement, purpose of data sharing, and relationship between the parties
3. Definitions: Definitions of key terms including 'Data', 'Confidential Information', 'Permitted Purpose', 'Authorized Users', and other relevant terms
4. Scope of Data Release: Detailed description of the data being released, format, and delivery method
5. Data Usage Rights: Specific permissions and restrictions regarding how the recipient may use the released data
6. Data Protection and Security: Security measures required for data protection, compliance with Indian data protection laws
7. Confidentiality Obligations: Obligations to maintain confidentiality of the data and permitted disclosures
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Return or Destruction of Data: Obligations regarding data handling upon termination or expiry
10. Representations and Warranties: Warranties regarding data ownership, right to share, and compliance with laws
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate provisions including notices, amendments, and severability
1. Data Localization Requirements: Required when dealing with financial data or other data types subject to localization requirements under Indian law
2. Cross-border Data Transfer: Required when data may be transferred outside India, addressing compliance with international data transfer requirements
3. Audit Rights: Optional section granting data provider rights to audit recipient's compliance with agreement terms
4. Insurance Requirements: Required when dealing with sensitive or high-risk data requiring specific insurance coverage
5. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for sensitive data
6. Sublicensing Rights: Required when recipient needs to share data with third parties
7. Data Quality and Updates: Required when dealing with dynamic data that requires regular updates or maintenance
1. Schedule 1 - Description of Data: Detailed technical specification of the data being released, including format, fields, and metadata
2. Schedule 2 - Security Requirements: Specific security protocols, standards, and measures required for data protection
3. Schedule 3 - Authorized Users: List of individuals or roles authorized to access the data
4. Schedule 4 - Data Processing Instructions: Specific instructions for handling, processing, and storing the data
5. Schedule 5 - Fee Schedule: If applicable, details of any fees or charges for data release and usage
6. Appendix A - Data Transfer Methods: Technical specifications for secure data transfer procedures
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
Education
Research & Development
Telecommunications
E-commerce
Manufacturing
Professional Services
Government & Public Sector
Pharmaceutical
Insurance
Retail
Banking
Market Research
Relevant Teams
Legal
Information Technology
Information Security
Compliance
Risk Management
Data Protection
Research & Development
Operations
Privacy
Business Development
Information Governance
Data Management
Relevant Roles
Chief Information Officer
Data Protection Officer
Legal Counsel
Privacy Officer
Information Security Manager
Compliance Manager
IT Director
Research Director
Data Manager
Chief Technology Officer
Risk Manager
Operations Manager
Project Manager
Business Development Manager
Chief Privacy Officer
Data Scientist
Information Governance Manager
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