Confidentiality Agreement For Personal Information Template for Indonesia

This document is a comprehensive confidentiality agreement specifically designed for protecting personal information under Indonesian law, particularly compliant with Law No. 27 of 2022 on Personal Data Protection (PDP Law) and related regulations. It establishes binding obligations for the handling, processing, and protection of personal information, incorporating specific requirements under Indonesian data protection legislation. The agreement includes detailed provisions for data security measures, breach notification procedures, and data subject rights, while ensuring compliance with local regulatory requirements for personal data protection.

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What is a Confidentiality Agreement For Personal Information?

The Confidentiality Agreement For Personal Information is essential for organizations operating in Indonesia that need to share or process personal information with third parties while maintaining compliance with Law No. 27 of 2022 on Personal Data Protection (PDP Law) and related regulations. This document is particularly relevant when organizations engage with service providers, contractors, or business partners who will have access to personal data of Indonesian residents. It establishes clear obligations for data protection, outlines security requirements, and ensures compliance with mandatory breach notification procedures. The agreement addresses specific Indonesian regulatory requirements for personal data processing, transfer, and storage, while providing mechanisms for enforcing confidentiality obligations and managing potential breaches.

What sections should be included in a Confidentiality Agreement For Personal Information?

1. Parties: Identification of the disclosing party and receiving party, including their legal details and representatives

2. Background: Context of the agreement, relationship between parties, and purpose of sharing personal information

3. Definitions: Definitions of key terms including 'Personal Information', 'Confidential Information', 'Processing', 'Data Subject', and other relevant terms as per PDP Law

4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement

5. Obligations of Receiving Party: Core confidentiality obligations, including handling, storage, and protection of personal information

6. Data Protection Measures: Specific security measures required to protect personal information as per PDP Law requirements

7. Permitted Uses and Disclosure: Allowed uses of personal information and circumstances under which disclosure is permitted

8. Data Subject Rights: Recognition and handling of data subject rights as required by PDP Law

9. Term and Termination: Duration of confidentiality obligations and conditions for termination

10. Return or Destruction of Information: Obligations regarding the return or destruction of personal information upon termination

11. Breach Notification: Procedures for reporting and handling data breaches or unauthorized disclosures

12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

What sections are optional to include in a Confidentiality Agreement For Personal Information?

1. Third Party Disclosure: Additional provisions for cases where personal information may need to be shared with third parties or service providers

2. Cross-border Transfer: Include when personal information may be transferred outside Indonesia, addressing PDP Law requirements for international data transfer

3. Audit Rights: Include when regular audits of data protection measures may be necessary

4. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required

5. Employee Training: Include when the receiving party needs to provide specific training to employees handling personal information

6. Specific Industry Compliance: Include when the agreement needs to address specific industry regulations (e.g., healthcare, financial services)

What schedules should be included in a Confidentiality Agreement For Personal Information?

1. Schedule 1 - Categories of Personal Information: Detailed list of personal information categories covered by the agreement

2. Schedule 2 - Security Measures: Technical and organizational measures required for data protection

3. Schedule 3 - Authorized Personnel: List of personnel authorized to access personal information

4. Appendix A - Data Processing Requirements: Specific requirements and procedures for processing personal information

5. Appendix B - Breach Response Protocol: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use

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