Controller To Controller Data Processing Agreement Template for Indonesia

The Controller to Controller Data Processing Agreement is essential when two organizations, each acting as independent data controllers, need to share personal data while maintaining compliance with Indonesian data protection laws. This document becomes necessary when both parties independently determine the purposes and means of processing personal data and need to establish clear guidelines for data sharing, protection, and compliance. It is particularly relevant following the enactment of Indonesia's Personal Data Protection Law (Law No. 27 of 2022), which introduces strict requirements for personal data processing and transfer. The agreement should cover all aspects of the data sharing relationship, including security measures, data subject rights management, breach notification procedures, and compliance with Indonesian regulatory requirements. It's crucial for organizations engaging in regular data sharing activities, especially those operating in regulated sectors or handling sensitive personal data.

1. Parties: Identification of the data controllers entering into the agreement, including their registered details and authorized representatives

2. Background: Context of the agreement, description of data sharing relationship, and purpose of the arrangement

3. Definitions: Definitions of key terms used in the agreement, aligned with Indonesian PDP Law definitions

4. Scope and Purpose of Data Processing: Detailed description of the categories of personal data being processed and the specific purposes for processing

5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities in the data processing activities

6. Legal Basis for Processing: Specification of the legal grounds for processing personal data under Indonesian law

7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with data subject rights under the PDP Law

8. Data Security Measures: Security requirements and standards that both controllers must implement to protect personal data

9. Data Breach Notification: Procedures for reporting and managing personal data breaches, including notification requirements

10. Confidentiality: Obligations regarding the confidentiality of shared personal data and business information

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for dispute resolution