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Data Protection Addendum

Data Protection Addendum Template for Indonesia

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Key Requirements PROMPT example:

Data Protection Addendum

"I need a Data Protection Addendum for my Indonesian e-commerce company acting as a data controller, engaging a cloud service provider in Singapore for customer data storage starting March 2025, with specific focus on cross-border data transfers and security measures."

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Document background
The Data Protection Addendum is essential for businesses operating in Indonesia that engage in personal data processing activities, whether as controllers or processors. This document is typically used as a supplement to existing service agreements where personal data processing is involved, ensuring compliance with Indonesia's Personal Data Protection Law (PDP Law) No. 27 of 2022 and related regulations. It becomes particularly relevant when businesses engage third-party service providers, cloud services, or data processing vendors. The addendum covers crucial aspects such as data security measures, breach notification procedures, cross-border transfer requirements, and data subject rights, while incorporating specific Indonesian regulatory requirements including mandatory breach reporting timeframes and data localization requirements. This document has gained increased importance following the implementation of the PDP Law, which introduced strict compliance requirements and significant penalties for violations.
Suggested Sections

1. Parties: Identification of the parties entering into the addendum, including their roles as data controller and/or data processor

2. Background: Context of the addendum, reference to the main agreement, and purpose of the data processing relationship

3. Definitions: Key terms used in the addendum, aligned with Indonesian PDP Law definitions including Personal Data, Processing, Controller, Processor, and Data Subject

4. Scope and Purpose: Detailed description of the personal data processing activities covered by the addendum

5. Roles and Responsibilities: Clear delineation of each party's role and obligations under Indonesian data protection law

6. Data Processing Requirements: Specific requirements for lawful processing, including consent mechanisms, purpose limitation, and data minimization

7. Data Security Measures: Technical and organizational measures required to protect personal data

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

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

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

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

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

13. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction

Optional Sections

1. Audit Rights: Optional section detailing the controller's right to audit the processor's compliance, useful for high-risk processing activities

2. Sub-processing: Required if the processor intends to engage sub-processors, including authorization requirements and obligations

3. Insurance Requirements: Optional section specifying insurance obligations for data protection risks, relevant for high-value or high-risk processing

4. Special Categories of Personal Data: Required only if sensitive personal data is being processed, detailing additional safeguards

5. Data Protection Impact Assessment: Optional section required for high-risk processing activities

6. Industry-Specific Requirements: Required for regulated sectors like financial services or healthcare, incorporating sector-specific obligations

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect personal data

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities, if applicable

4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

5. Schedule 5 - Data Subject Request Procedure: Detailed procedures for handling data subject rights requests

6. Appendix A - Contact Details: Contact information for data protection officers and key personnel responsible for data protection

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Applicable Data Protection Laws
Authorized Personnel
Business Day
Confidential Information
Controller
Cross-Border Transfer
Data Breach
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
EEA
Electronic System
Electronic System Operator
Indonesian PDP Law
International Data Transfer
Main Agreement
Personal Data
Personal Data Processing
Processing
Processor
Regulatory Authority
Security Breach
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Country
Third Party
Clauses
Definitions
Interpretation
Scope of Processing
Roles and Responsibilities
Data Protection Obligations
Data Security
Confidentiality
Sub-processing
Cross-border Transfers
Audit Rights
Data Subject Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Survival
Regulatory Compliance
Technical Requirements
Security Standards
Data Localization
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Transportation and Logistics

Hospitality

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Vendor Management

Data Protection

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Technology Officer

Procurement Manager

Vendor Management Officer

Operations Director

Chief Operating Officer

Chief Legal Officer

Industries
Law No. 27 of 2022 on Personal Data Protection (PDP Law): Indonesia's main data protection framework that regulates the processing of personal data, data subject rights, cross-border data transfers, and obligations of data controllers and processors
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Regulates the implementation of electronic systems and transactions, including requirements for electronic system operators and data security measures
Minister of Communication and Informatics Regulation No. 20 of 2016: Specific regulation on personal data protection in electronic systems, including requirements for consent, data processing, and security measures
Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law): Framework law governing electronic transactions and information, including provisions related to data protection and cybersecurity
Bank Indonesia Regulation No. 23/6/PBI/2021: Specific regulations for payment system providers regarding data protection and processing in the financial sector
Government Regulation No. 4 of 2023: Implementing regulation for the PDP Law, providing more detailed requirements for personal data processing and protection
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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