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Data Non Disclosure Agreement
"I need a Data Non-Disclosure Agreement for my Jakarta-based fintech company to share customer transaction data with a third-party AI analytics provider in Singapore, ensuring compliance with Indonesian data protection laws and including specific clauses for cross-border data transfers."
1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential data
3. Definitions: Detailed definitions including 'Confidential Information', 'Personal Data', 'Processing', 'Data Security Breach' aligned with Indonesian PDP Law definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including data protection, security measures, and compliance with Indonesian data protection laws
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized personnel
7. Data Security Measures: Specific security measures required to protect confidential information in compliance with Indonesian regulations
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfer: Required when confidential information may be transferred outside Indonesia, addressing compliance with Indonesian data transfer regulations
2. Data Processing Requirements: Needed when the receiving party will process personal data, including specific obligations under the PDP Law
3. Audit Rights: Optional section granting rights to audit compliance with confidentiality and data protection obligations
4. Insurance Requirements: Required when parties need specific insurance coverage for data protection and cyber risks
5. Force Majeure: Optional inclusion of force majeure provisions specific to data protection and storage
6. Third Party Rights: Required when third parties may have rights under the agreement or when data relates to third parties
1. Schedule 1 - Description of Confidential Information: Detailed list and categorization of confidential information and personal data covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information and their security clearance levels
3. Schedule 3 - Security Measures and Standards: Detailed technical and organizational security measures required for data protection
4. Schedule 4 - Data Processing Activities: Description of permitted data processing activities and associated safeguards
5. Appendix A - Data Breach Response Plan: Procedures and protocols for handling data security breaches
6. Appendix B - Compliance Checklist: Checklist of compliance requirements under Indonesian data protection laws
Authors
Personal Data
Special Category Personal Data
Data Controller
Data Processor
Data Processing
Data Subject
Authorized Recipients
Authorized Personnel
Affiliate
Agreement
Business Purpose
Confidentiality Obligations
Data Protection Laws
Data Security Breach
Disclosing Party
Receiving Party
Representatives
Security Measures
Trade Secrets
Effective Date
Force Majeure Event
Intellectual Property Rights
Notice
Permitted Purpose
Term
Third Party
Cross-Border Transfer
Data Protection Officer
Electronic System
Processing System
Regulatory Authority
Technical and Organizational Measures
Consent
Legitimate Interest
Data Protection
Permitted Use
Data Security
Return or Destruction of Information
Term and Termination
Breach Notification
Data Processing
Cross-Border Transfers
Access Controls
Audit Rights
Indemnification
Remedies
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Third Party Rights
Survival
Data Breach Response
Security Measures
Permitted Disclosures
Regulatory Compliance
Representations and Warranties
Amendment
Counterparts
Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Professional Services
Manufacturing
Research & Development
Education
Insurance
Banking
Pharmaceuticals
Consulting
Legal
Compliance
Information Technology
Information Security
Risk Management
Data Protection
Operations
Research & Development
Human Resources
Business Development
Procurement
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Business Development Manager
Project Manager
Risk Manager
Chief Information Security Officer
Contract Manager
Operations Director
Research Director
Human Resources Director
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