Data Privacy Contract Template for Indonesia

The Data Privacy Contract serves as a crucial legal framework for organizations engaging in personal data processing activities in Indonesia. This document is essential when one organization (the data controller) engages another organization (the data processor) to process personal data on its behalf. The contract ensures compliance with Indonesia's Personal Data Protection Law of 2022 and related regulations, establishing clear responsibilities, security requirements, and operational procedures for both parties. It becomes necessary when outsourcing data processing activities, using cloud services, or engaging third-party service providers who will have access to personal data. The agreement includes detailed provisions for data protection measures, breach notification procedures, cross-border data transfers (if applicable), and mechanisms for maintaining compliance with Indonesian data protection requirements.

1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives

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

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

4. Scope of Processing: Detailed description of the personal data to be processed and the specific processing activities permitted

5. Data Controller Obligations: Responsibilities and obligations of the data controller under Indonesian law, including oversight and instruction rights

6. Data Processor Obligations: Core obligations of the processor including processing limitations, security measures, and compliance requirements

7. Data Security Measures: Required technical and organizational security measures to protect personal data

8. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian regulations

9. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in fulfilling data subject rights

10. Confidentiality: Confidentiality obligations regarding processed personal data and business information

11. Audit Rights: Controller's rights to audit the processor's compliance and processor's obligation to cooperate

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

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

14. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

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