Data Processing Agreements

Data Processing Agreement GDPR

Introduction to Data Processing Agreement

In an era where data flows faster than law can catch up, ensuring how your data is handled—whether by your organisation or a third party—is not just good practice, it’s a legal necessity. Mismanagement of personal or sensitive data can invite vexatious litigation, regulatory penalties, and irreversible reputational damage.

What is a Data Processing Agreement (DPA)?

A Data Processing Agreement (DPA) is a legally binding contract that governs the processing of personal data between a data controller and a data processor. It outlines the scope, purpose, duration, and safeguards surrounding data handling, and ensures full alignment with national and international privacy laws like the Digital Personal Data Protection (DPDP) Act, GDPR, and sector-specific compliance regimes.

Why You Need a DPA

✅ Mandatory Under Law
Under global and Indian privacy frameworks, having a DPA in place is mandatory when outsourcing any personal data handling to third-party vendors.

✅ Prevents Legal Liability
Without a valid DPA, both controller and processor can be held liable for breach of data obligations, even for acts beyond their control.

✅ Defines Roles & Responsibilities
Clearly delineates what the processor is authorised to do, and what technical and organisational safeguards must be in place.

✅ Protects Against Data Misuse
By contractually restricting how, where, and by whom the data is processed—DPAs act as a legal shield against data theft or mishandling.

How Nexjuris Supports You

At Nexjuris, we don’t just draft templates—we customise legally enforceable DPAs tailored to your industry, jurisdiction, and operational scope. Our lawyers ensure:

🔒 Full Regulatory Compliance (DPDP, GDPR, CCPA, HIPAA, etc.)
⚖️ Legally Auditable Clauses protecting your organisation from liability
🔍 Review of Existing Third-Party Contracts for data processing risks
💼 Vendor Due Diligence Guidance and audit-ready documentation
🧾 Standard Contractual Clauses (SCC) & Cross-Border Flow Agreements

Your Data. Your Terms. Our Protection.

Let Nexjuris help you establish rock-solid legal foundations for your data ecosystem—ensuring privacy by design, security by default, and compliance without compromise.

Purpose of Data Processing Agreement

The primary goal of a Data Processing Agreement (DPA) is to ensure that all personal data is handled in accordance with applicable data protection laws, and that both parties—data controllers and processors—fulfill their legal responsibilities with robust security and privacy protocols.

At Nexjuris, we empower your organisation to remain legally compliant with data protection frameworks like the General Data Protection Regulation (GDPR) and India’s DPDP Act, across both domestic and international operations.

How Nexjuris Supports You

✅ Trust Through Accountability
We help you build data transparency and demonstrate compliance to clients, partners, and regulators by drafting and reviewing airtight DPAs tailored to your operations.

✅ Expert Drafting & Customisation
Our team of legal experts and IP professionals ensures that your DPA covers all critical aspects—processing scope, data subject rights, cross-border transfers, breach mitigation, and liability safeguards.

✅ Subprocessor Compliance
We ensure your agreement clearly defines whether subprocessors may be used, under what terms, and how compliance will be enforced across the data chain.

✅ Data Subject Rights
We help define protocols for managing access, erasure, rectification, and data portability requests, ensuring full alignment with the rights of the data subject.

✅ Breach Protection & Legal Recourse
Should any breach of contract or data leakage occur, Nexjuris ensures you’re well-protected with remedies and liability clauses that stand up in court.

✅ Cross-Border Data Transfers
For international data flows, we ensure your DPA includes Standard Contractual Clauses (SCCs) and fully meets cross-jurisdictional regulatory requirements.

✅ Contract Termination Framework
We assist in establishing clear terms for termination and post-termination obligations, ensuring secure data disposal or return.

Scope of Data Processing Agreement

The scope of a Data Processing Agreement defines the specific boundaries and responsibilities surrounding the handling of personal data between a data controller and processor. At Nexjuris, we specialize in drafting comprehensive DPAs that precisely outline these parameters, ensuring legal clarity and minimizing risk.

We clearly define the types of personal data permitted under the agreement—such as names, addresses, contact information, financial records, health data, or any other sensitive information. Our experts ensure that the processing is strictly limited to the categories relevant to the contract, eliminating the risk of unauthorized use or breach.

We also specify the data subjects involved—be it customers, employees, vendors, or any other defined group—ensuring that no processing occurs outside this scope.

The purpose of processing is clearly stated and tailored to your business needs. Whether it’s for customer relationship management, service delivery, marketing, analytics, or order fulfillment, we ensure the processor is authorized only for legitimate, pre-defined uses.

Further, we restrict the processing operations the data processor is allowed to perform. These may include collection, storage, organization, retrieval, alteration, disclosure, or deletion of data—nothing beyond what is expressly permitted.

Nexjuris also outlines data retention policies, specifying the location, method, and duration of data storage in accordance with applicable laws.

Finally, we enforce robust security protocols, including technical and organizational safeguards, to maintain the confidentiality, integrity, and availability of your data throughout its lifecycle.

Our Approach to Data Processing Agreements

Ahlawat & Associates is one of the top law firms in India for Data Processing Agreements and GDPR Compliances.

We make sure all the legal and non-legal compliances are met at both domestic and international levels including GDPR Compliances.
We make sure the roles and responsibilities of the data processor are clearly defined to minimise the chances of illegal data processing.
We establish the necessary security measures that the data processor must implement to safeguard personal data against unauthorized access, disclosure, loss, or destruction.
We ensure that if sub-processors are used, there are proper legal compliances and explicit scope within which sub-processors are used.
We ensure that if personal data is transferred outside the jurisdiction of the data controller, the DPA addresses the legal requirements for such transfers.
We make sure that the DPA complies with the obligations of data monitoring and audits the data processor’s activities.
We also set the appropriate conditions under which the termination of DPA can be granted.

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Experienced Team

NexJuris stands among the leading corporate law firms in India, driven by the belief that a firm is only as strong as its team. Guided by this principle, we have built a powerhouse of some of the best corporate lawyers headquartered in Delhi, while also collaborating with experienced legal professionals across India and globally. This strategic structure enables us to manage and execute even the most complex transactions seamlessly. Our unwavering commitment to the highest standards of professional ethics and client service has earned us a trusted reputation in the corporate legal landscape.

Industry Experience

With its headquarters in New Delhi, NexJuris has built a strong foundation that enables it to serve clients across India and internationally. Leveraging this strategic presence, our team of corporate law experts has played a significant role in advising government bodies on critical legal and policy matters. NexJuris is among the few law firms in India with deep expertise in the interpretation, formulation, and drafting of complex policy frameworks—positioning us as a trusted advisor in both public and private sectors.

Client-Centric Approach

At NexJuris, we follow an approach rooted in deep legal expertise, technical excellence, and a commitment to exceptional service delivery. Our team is dedicated to offering accurate, timely, and cost-effective legal solutions, all while upholding international standards of quality. What sets us apart is our collaborative mindset — we immerse ourselves in our clients’ businesses, treating their challenges as our own. We understand that every client has unique goals and concerns, and we tailor our strategies accordingly to help them succeed and move forward with confidence.

Cost-Efficient

We make sure that our fee structure and the legal costs involved are very transparent and predictable for our clients. We believe that client relationships are based on trust and a sense of common purpose and we never falter on our promise making us one of the best corporate law firms in India. Our priority has been to deliver the best legal & business solutions and our fee arrangements are tailored to the needs of the client, the client’s goals, and the nature of the matter.

Frequently Asked Questions

1. What does corporate commercial law mean?

Corporate and commercial legal practice includes a wide range of legal issues when it comes to drafting commercial contracts and agreements. It broadly entails all corporate legal work during the entire lifecycle of the company. This also includes M&A, transactional advisory along with a broad range of practice areas such as franchising, intellectual property and sometimes litigation.

2. What are the types of corporate laws?

Corporate law is the body of laws, rules, regulations and practices that govern the formation and operation of corporations. It’s the body of law that regulates legal entities that exist to conduct business.

3. What are the advantages of hiring a corporate lawyer?

You need a lawyer to help you set up your chart of accounts, review your numbers periodically, and prepare all of your necessary central, state and local tax returns.

4. Why choose Nexjuris as your corporate law firm?

Nexjuris commercial corporate practice has both the in-depth knowledge of business laws and corporate finance as well as the practical advantage of execution into effective compliance and regulatory agreements covering distribution agreements, labor, and employment, joint ventures, etc.