Data Processing Addendum Template for Indonesia

The Data Processing Addendum (DPA) is a critical legal document required whenever a company (data controller) engages a service provider (data processor) to process personal data on its behalf in Indonesia. This document is essential for compliance with Indonesia's Personal Data Protection Law (PDP Law) and related regulations, including Government Regulation No. 71 of 2019 on Electronic Systems and Transactions. The DPA outlines specific requirements for data protection, security measures, breach notifications, and cross-border transfers, while addressing unique Indonesian regulatory requirements such as data localization. It becomes particularly important when dealing with cloud services, outsourcing arrangements, or any third-party service providers handling personal data. The document should be customized based on the nature of data processing activities, sector-specific requirements, and the scope of services being provided.

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

2. Background: Context of the relationship between parties and reference to the main agreement this DPA supplements

3. Definitions: Key terms used in the agreement, aligned with Indonesian PDP Law definitions and international standards

4. Scope and Purpose: Details of the data processing activities covered by the agreement, including categories of data subjects and types of personal data

5. Roles and Responsibilities: Clear delineation of obligations for both controller and processor under Indonesian law

6. Data Processing Instructions: Specific instructions for processing personal data, including prohibited activities and required approvals

7. Security Measures: Technical and organizational measures required to protect personal data as per Indonesian regulations

8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with Indonesian PDP Law requirements

9. Data Breach Notification: Procedures and timeframes for reporting data breaches as required by Indonesian law

10. Audit Rights: Controller's right to audit processor's compliance and cooperation with regulatory investigations

11. Cross-border Data Transfers: Requirements and restrictions for international data transfers under Indonesian law

12. Term and Termination: Duration of the DPA and circumstances for termination

13. Return or Deletion of Data: Obligations regarding personal data upon termination of services

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