Consent Declaration Form Template for Indonesia
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What is a Consent Declaration Form?
The Consent Declaration Form is a fundamental document required under Indonesian data protection law, specifically aligned with Law No. 27 of 2022 (PDP Law) and related regulations. This document is essential whenever organizations collect, process, or transfer personal data of individuals in Indonesia. The form serves as evidence of informed consent and must clearly outline the purpose of data collection, intended processing activities, and the rights of the data subject. It should be used prior to any personal data processing activities and must be updated when there are significant changes to processing activities. The document is particularly crucial given Indonesia's strengthened data protection framework and increasing regulatory scrutiny of data processing activities.
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About the Consent Declaration Form
A Consent Declaration Form is your essential legal tool for obtaining valid consent before collecting or processing personal data in Indonesia. Under Law No. 27 of 2022 (Personal Data Protection Law), you must secure explicit, informed consent from individuals before handling their personal information. This document serves as legally binding evidence that consent was properly obtained and helps you comply with Indonesia's comprehensive data protection framework.
When do you need this document?
You need a Consent Declaration Form whenever you collect personal data from Indonesian residents or process data within Indonesia's jurisdiction. This includes collecting customer information for marketing, processing employee data, conducting surveys or research, transferring data to third parties, or implementing new data processing systems. The form is particularly critical for businesses operating websites, mobile applications, or digital platforms that gather user data. You must also use this document when engaging data processors or sharing information with business partners, as required under the PDP Law's accountability principles.
Key legal considerations
Your Consent Declaration Form must meet specific legal standards to be valid under Indonesian law. The consent must be freely given, specific, informed, and unambiguous, with clear opt-in mechanisms rather than pre-ticked boxes. You must clearly explain the purpose of data collection, types of data being processed, retention periods, and any third-party sharing arrangements. The document should include withdrawal rights, allowing individuals to revoke consent at any time. Consider including provisions for cross-border data transfers if applicable, as these require additional safeguards under the PDP Law. Ensure the form addresses data subject rights including access, rectification, deletion, and portability as mandated by Indonesian regulations.
Legal requirements in Indonesia
Indonesian law requires your Consent Declaration Form to comply with both the PDP Law and supporting regulations including Government Regulation No. 71 of 2019. The form must be written in Bahasa Indonesia for Indonesian residents and include specific mandatory disclosures about data processing activities. You must maintain records of consent for audit purposes and ensure the form meets electronic signature requirements under Law No. 11 of 2008 (EIT Law) if using digital platforms. The document should identify your organization as the data controller, include contact information for your Data Protection Officer if required, and specify the legal basis for processing. Additional considerations include ensuring minors' consent is obtained through legal guardians and implementing appropriate technical measures to verify identity and prevent unauthorized consent submissions.
GOVERNING LAW
Applicable law
This Consent Declaration Form is drafted to comply with Indonesia law. Key legislation includes:
Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law): Governs electronic transactions and digital signatures, relevant for electronic consent forms and digital verification methods
Government Regulation No. 71 of 2019: Implementation regulation for the EIT Law, providing specific requirements for electronic system operations and valid electronic transactions
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Provides basic principles of contract law and legal capacity to give consent under Indonesian law
1945 Constitution of Indonesia (UUD 1945): Article 28G provides constitutional protection for personal data and privacy rights
Minister of Communication and Information Technology Regulation No. 20 of 2016: Regulations on personal data protection in electronic systems, including specific requirements for obtaining consent
Law No. 39 of 1999 on Human Rights: Provides framework for protection of individual rights, including privacy and dignity, relevant for consent-based activities
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