Data Protection Agreement For Employees Template for Indonesia

This document is a comprehensive data protection agreement designed for the Indonesian employment context, complying with Law No. 27 of 2022 on Personal Data Protection (PDP Law) and related regulations. It establishes the framework for collecting, processing, storing, and protecting employee personal data while ensuring compliance with Indonesian data protection requirements. The agreement outlines both employer obligations and employee rights regarding personal data protection, including data security measures, breach notification procedures, and data subject rights under Indonesian law.

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What is a Data Protection Agreement For Employees?

The Data Protection Agreement For Employees is essential for organizations operating in Indonesia that collect and process employee personal data. This document has become particularly crucial following the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law), which introduces comprehensive data protection requirements and significant penalties for non-compliance. The agreement serves as a formal framework for ensuring transparent and lawful processing of employee data, defining the rights and obligations of both employers and employees regarding personal data protection. It includes provisions for data collection, processing, storage, security measures, and breach notification procedures, all aligned with Indonesian regulatory requirements. Organizations should implement this agreement as part of their employment documentation to demonstrate compliance with data protection obligations and establish clear protocols for handling employee personal information.

What sections should be included in a Data Protection Agreement For Employees?

1. Parties: Identification of the employer (as data controller) and the employee (as data subject)

2. Background: Context of the agreement and its purpose in protecting personal data in the employment relationship

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

4. Scope of Personal Data Collection: Types of personal data collected and processed by the employer

5. Purpose of Processing: Legitimate purposes for which the employee's personal data will be collected and processed

6. Rights of the Employee: Employee rights regarding their personal data as per PDP Law

7. Obligations of the Employer: Employer's responsibilities in protecting and processing personal data

8. Data Security Measures: Technical and organizational measures implemented to protect personal data

9. Data Retention and Deletion: Periods for which different types of data will be retained and deletion procedures

10. Confidentiality Obligations: Requirements for maintaining confidentiality of personal data

11. Data Breach Notification: Procedures for handling and reporting data breaches

12. Governing Law and Jurisdiction: Application of Indonesian law and jurisdiction

What sections are optional to include in a Data Protection Agreement For Employees?

1. International Data Transfers: Requirements for transferring data outside Indonesia - include if the organization has international operations

2. Third-Party Processing: Rules for sharing data with third-party processors - include if external vendors process employee data

3. Special Categories of Data: Additional protections for sensitive personal data - include if collecting health records, biometric data, etc.

4. Employee Monitoring: Provisions regarding workplace surveillance and monitoring - include if using monitoring systems

5. Remote Work Data Protection: Specific measures for protecting data during remote work - include if allowing work from home

6. CCTV and Recording: Rules regarding video surveillance - include if workplace uses CCTV systems

What schedules should be included in a Data Protection Agreement For Employees?

1. Schedule 1: Categories of Personal Data: Detailed list of all types of personal data collected and processed

2. Schedule 2: Data Processing Activities: Comprehensive inventory of data processing activities

3. Schedule 3: Technical and Organizational Measures: Detailed description of security measures implemented

4. Schedule 4: Data Retention Schedule: Specific retention periods for different categories of personal data

5. Schedule 5: Consent Form: Template for obtaining specific consent for certain types of data processing

6. Schedule 6: Data Subject Rights Request Form: Standard form for employees to exercise their data protection rights

7. Schedule 7: Data Breach Response Plan: Detailed procedures for responding to data breaches

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

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use

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