Data Transfer Agreement Template for Indonesia

A Data Transfer Agreement is essential for organizations transferring personal or sensitive data within Indonesia or across borders. This document becomes necessary when entities need to share, process, or store data with third parties, affiliated companies, or service providers. The agreement must 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 is particularly crucial for cross-border transfers, where additional safeguards and compliance measures are required. The agreement typically includes detailed provisions on data security, processing limitations, breach notifications, and audit rights, while also addressing specific Indonesian requirements such as data localization rules for certain sectors and mandatory reporting obligations.

1. Parties: Identification of the data exporter and data importer, including their full legal names, registration numbers, and addresses

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

3. Definitions: Key terms used in the agreement, including specific Indonesian law terminology from PDP Law

4. Purpose and Scope: Detailed description of the purpose of data transfer and types of data covered

5. Data Protection Principles: Compliance with Indonesian data protection principles as per PDP Law

6. Obligations of Data Exporter: Responsibilities of the party transferring the data, including data accuracy and lawful collection

7. Obligations of Data Importer: Responsibilities of the receiving party, including data handling, security measures, and use limitations

8. Technical and Organizational Measures: Security measures required to protect the transferred data

9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Indonesian law

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

11. Audit Rights: Rights and procedures for conducting audits to ensure compliance

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

13. Return or Destruction of Data: Procedures for handling data upon termination

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

15. General Provisions: Standard contractual provisions including notices, amendments, and severability