Controller To Controller Data Processing Agreement Template for Indonesia

When your organization needs to share personal data with another company where both parties act as independent data controllers, you need a Controller To Controller Data Processing Agreement. This document establishes the legal framework for data sharing while ensuring compliance with Indonesia's comprehensive data protection regime.

When do you need this document?

You require this agreement when two organizations, each acting as separate data controllers, need to exchange personal data for their respective business purposes. Common scenarios include strategic partnerships where customer data is shared for joint marketing campaigns, mergers and acquisitions involving data due diligence, research collaborations between institutions sharing participant data, or business alliances where companies exchange employee information for project coordination. The agreement becomes essential when both parties independently determine how and why they process the shared personal data, distinguishing it from controller-processor relationships where one party acts on behalf of the other.

Key legal considerations

Your agreement must clearly define each controller's responsibilities and establish robust data protection measures. Critical clauses should specify the categories of personal data being shared, the purposes for which each party may use the data, and the duration of data retention. Security obligations must include technical and organizational measures to protect data integrity and confidentiality. The agreement should address data subject rights management, establishing procedures for handling access requests, corrections, and deletion demands. Breach notification protocols must outline immediate reporting requirements between controllers and to Indonesian authorities. Cross-border transfer provisions are essential if either party operates internationally, ensuring adequate protection levels are maintained.

Legal requirements in Indonesia

Under Law No. 27 of 2022 on Personal Data Protection, data controllers must obtain explicit consent from data subjects before sharing their personal data with third parties, unless specific exemptions apply. Your agreement must demonstrate lawful basis for processing under Article 16 of the PDP Law and ensure compliance with data minimization principles outlined in Article 20. Controllers must implement appropriate security measures as required by Articles 30-32, including encryption, access controls, and regular security assessments. The agreement should address obligations under Government Regulation No. 71 of 2019 regarding electronic systems, particularly if data is stored or processed through cloud services. Both parties must appoint Data Protection Officers if they process large volumes of personal data or sensitive categories of information. Cross-border data transfer provisions must comply with adequacy decisions or implement appropriate safeguards as specified in Articles 58-60 of the PDP Law.