Data Controller Agreement Template for Indonesia

The Data Controller Agreement is essential for organizations operating in Indonesia that process personal data, ensuring compliance with Law No. 27 of 2022 on Personal Data Protection (PDP Law) and related regulations such as Government Regulation 71/2019. This document should be used when establishing relationships involving personal data processing, particularly when one party acts as a data controller. The agreement covers crucial aspects including data protection obligations, security measures, breach notification procedures, and data subject rights. It's particularly important given Indonesia's strict data protection requirements and potential penalties for non-compliance. The agreement needs to be tailored to specific processing activities while maintaining compliance with Indonesian data protection laws.

1. Parties: Identification of the Data Controller and the other contracting party, including their legal status and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Definitions of key terms including 'Personal Data', 'Processing', 'Data Subject', 'Data Controller', 'Data Processor' as per Indonesian PDP Law

4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement and their specific purposes

5. Data Controller Obligations: Core responsibilities of the Data Controller including ensuring lawful basis for processing, maintaining records, and implementing security measures

6. Data Processing Instructions: Specific instructions for processing personal data, including permitted activities and restrictions

7. Data Security: Security measures required to protect personal data as per Indonesian regulations

8. Confidentiality: Obligations regarding confidentiality of personal data and processing operations

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

10. Personal Data Breach: Procedures for handling and reporting data breaches as per Indonesian requirements

11. Term and Termination: Duration of the agreement and conditions for termination

12. Return or Deletion of Data: Obligations regarding data handling upon contract termination

13. Liability and Indemnities: Allocation of liability and indemnification obligations

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