Terms of Reference

Legal guidance on ethical approval and data protection
Background

Welthungerhife is implementing digital projects jointly with local partner organizations in India. As part of its ventures it is collaborating with state governments in data collection of vulnerable groups that shall be used to train artificial intelligence.

Objective

To improve standard operating procedure of the project, and ensure full compliance with Indian legal frameworks for healthcare, digital development, data and privacy protection as required by the INGO implementing through local NGOs.

Scope of work and epected outputs

Based on the review of all the unique context of this project relevant legal documents, the legal consultant/ company shall provide guidance on:

  1. Roles, responsibilities and liabilities of
    • INGOs in supporting digital projects implemented by local NGOs in India
    • Local NGOs implementing digital project in India
    • INGO working as a liaison office for the parent organization in India
  2. Data protection storage and usage
  3. National and state level approvals or licences required for the project and step-by-step guidance on acquiring those approvals (including involved stakeholders)

Upon signature, the legal consultant will be provided with a comprehensive list of questions, that shall be answered and will further detail and expand the above points.

All findings shall be complied in a comprehensive report, with clear guidance on ‘Standard Operating Procedures’ citing the relevant legal document and detailing all above points and other relevant points raised throughout the duration of the consultancy (it shall include a detailed list of stakeholders and resources for further guidance of the project).

Duration of work

The duration of the contract would be for 5-7 working days within a three weeks’ timeframe.

The consultant will work closely with Welthungerhilfe and its partners. Frequent sharing of progress of findings within the timeframe is expected. Based on the findings, there is a potential to extend the working days to support in acquiring additional licenses that may be recommended.

Duty Station

Looking at the COVID-19 situation, the consultant will be working from home with coordination calls and meetings via online collaboration tools (associated communication costs shall be included in the lumpsum).

Consultant should use their own equipment – computer or resources to deliver the outcomes.

Required expertise and qualification
  • Individual consultants and companies are encouraged to apply.
  • Credible and comprehensive experiences in the field of IT and Data Protection Law and medical law is required, with proven record of consulting medical agencies and IT companies.
  • Experiences in advising non-governmental actors are an asset.
  • Links to a broad network of partners in the medical, IT and data protection sector are an advantage.

 For Companies:

  • References for medical law and IT clients
  • Registration under GST (Goods & Service tax)

Individuals

  • A post-graduate or equivalent qualification/ degree in Law, Medical law and/or IT law with working experience in other fields.
  • Work experience in dealing with data and code of conducts for data collection on humans at regional or national context.
  • CV with references.
Scope of financial Proposal and Schedule of Payments
  • The consultant will be offered a lumpsum fee inclusive of travel costs (if it requires).
  • The payments will be made in instalments based upon outputs/deliverables specified in the TOR (under payment schedule) and upon certification of satisfactory work as per work plan and policy by Welthungerhilfe.
Payment Schedule
  • 50% on signing the contract and submission of a blueprint including methodology for drafting the SOP (in English).
  • Remaining 50% on submission of final SOP and approval from Welthungerhilfe Head Office (incorporating all the input from the key stakeholders (in English).
Criteria for Selection

The agency/individual will be selected based on the following criteria:

  • Demonstrated knowledge to guide NGOs on data protection and IT regulations.
  • Demonstrated knowledge on medical law by government of India.
  • Demonstrated experience to guide agency on government approvals.
Documents

While submitting the Technical Proposal, the Applicant shall ensure to attach the following:

  • Profile of the consultant/ company (max 1 page) explaining why they are the most suitable for the work.
  • Relevant Experience/Cases (max 2 page)
  • Recent CV (only consultants)

The financial proposal shall specify a total estimated amount (including a breakdown of costs for fee, and number of working days). Payments will be made in instalments based upon key outputs/deliveries (mentioned under payment schedule above).

How to Apply

Please send your financial proposal along with required documents latest by 11th June, 2020 at shivangi.kaushik@welthungerhilfe.de