Data Non Disclosure Agreement Template for Indonesia

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Key Requirements PROMPT example:

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."

Document background
The Data Non-Disclosure Agreement serves as a critical legal instrument in Indonesia's business environment, particularly following the implementation of Law No. 27 of 2022 on Personal Data Protection. This document is essential when parties need to share sensitive information, trade secrets, or personal data in the course of business relationships, negotiations, or collaborative projects. It incorporates specific requirements under Indonesian data protection laws, including mandatory security measures, data processing limitations, and cross-border transfer restrictions. The agreement is particularly relevant for business transactions, technology partnerships, outsourcing arrangements, and any situations involving the exchange of confidential information or personal data processing within Indonesian jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Professional Services

Manufacturing

Research & Development

Education

Insurance

Banking

Pharmaceuticals

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Research & Development

Human Resources

Business Development

Procurement

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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