§ 24-15-5-2 — Contract between controller and processor; requirements for processor; liabilities

Indiana § 24-15-5-2

• Jurisdiction: Indiana
• Art. 15: CONSUMER DATA PROTECTION
• Ch. 5: Responsibility According to Role; Controllers and

Text

Effective 1-1-2026.
Sec. 2. (a) A contract between a controller and a
processor shall govern the processor's data processing procedures with
respect to processing performed on behalf of the controller. The
contract must be binding and clearly set forth instructions for
processing personal data, the nature and purpose of processing, the type
of data subject to processing, the duration of processing, and the rights
and obligations of both parties. The contract must also include
requirements that the processor do the following:
(1) Ensure that each individual processing personal data is subject
to a duty of confidentiality with respect to the data.
(2) At the controller's direction, delete or return all personal data
to the controller as requested at the end of the provision of
services, unless retention of the personal data is required by law.
(3) Upon the reasonable request of the controller, make available
to the controller all information in its possession necessary to
demonstrate the processor's compliance with the obligations in
this chapter.
(4) Allow, and cooperate with, reasonable assessments by the
controller or the controller's designated assessor. Alternatively,
the processor may arrange for a qualified and independent
assessor to conduct an assessment of the processor's policies and
technical and organizational measures in support of the
processor's obligations under this chapter using an appropriate
and accepted control standard or framework and assessment
procedure for such assessments. The processor shall provide a
report of any such assessment to the controller upon request.
(5) Subject to subsection (b), engage any subcontractor pursuant
to a written contract that requires the subcontractor to meet the
obligations of the processor with respect to the personal data.
(b) Nothing in this section shall be construed to relieve a controller
or a processor from the liabilities imposed on the controller or
processor by virtue of its role in the processing relationship.

Legislative History

As added by P.L.94-2023, SEC.1.