Data Sharing Agreement Controller To Processor Template for Indonesia

This Data Sharing Agreement Controller To Processor is essential for organizations operating in Indonesia that outsource their data processing activities to third parties. The agreement is designed to comply with Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and related regulations, including Government Regulation No. 71 of 2019 on Electronic Systems and Transactions. It should be used whenever a data controller engages a processor to handle personal data on their behalf, whether for cloud services, data analytics, customer support, or other processing activities. The document includes mandatory provisions required by Indonesian law, such as specific security measures, data breach protocols, and mechanisms for protecting data subject rights. It also addresses practical aspects of the controller-processor relationship, including service levels, liability allocation, and termination procedures.

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 general purpose of the data processing arrangement

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

4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and purposes of processing

5. Duration of Processing: Timeline for the data processing activities and terms for extension or termination

6. Obligations of the Data Controller: Controller's responsibilities including providing instructions, ensuring legal basis for processing, and monitoring compliance

7. Obligations of the Data Processor: Processor's duties including processing only on documented instructions, ensuring confidentiality, and implementing security measures

8. Security Measures: Technical and organizational security measures required under Indonesian law

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations

11. Personal Data Breach: Breach notification procedures and timelines as required by Indonesian regulations

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Termination: Conditions for termination and data handling upon termination

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