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DPA Data Processing Addendum

DPA Data Processing Addendum Template for Indonesia

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Key Requirements PROMPT example:

DPA Data Processing Addendum

"I need a Data Processing Addendum (DPA) for my Indonesian cloud services company that will process customer data in multiple ASEAN countries starting January 2025, with specific focus on cross-border data transfers and sub-processor management."

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Document background
The DPA Data Processing Addendum is a critical compliance document required when one party (the processor) processes personal data on behalf of another party (the controller) under Indonesian law. This document becomes necessary when entering into any service arrangement involving personal data processing, ensuring compliance with Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and related regulations. The DPA establishes clear responsibilities, technical and organizational measures, data breach procedures, and cross-border transfer mechanisms. It is particularly important given Indonesia's strict data protection requirements, including specific provisions for data localization, mandatory breach notifications, and data subject rights. The document should be customized based on the specific processing activities, types of personal data involved, and whether any special categories of data or cross-border transfers are contemplated.
Suggested Sections

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

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

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

4. Scope and Purpose: Details of the data processing activities covered by the addendum

5. Obligations of the Data Processor: Core responsibilities of the processor including processing only on documented instructions, confidentiality, security measures

6. Obligations of the Data Controller: Responsibilities of the controller including lawful basis for processing, instructions, and compliance with PDP Law

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

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

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

10. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian requirements

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

12. Data Return and Deletion: Obligations regarding data handling upon termination

13. Term and Termination: Duration of the DPA and termination provisions

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

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including specific safeguards and requirements under PDP Law

2. Special Categories of Data: Additional provisions required when processing sensitive personal data as defined in PDP Law

3. Data Localization Requirements: Specific provisions for compliance with Indonesian data localization requirements for specific sectors

4. Government Access Requests: Procedures for handling government requests for data access

5. Industry-Specific Requirements: Additional provisions for regulated industries such as financial services or healthcare

6. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by Indonesian law

Suggested Schedules

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

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

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

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

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

7. Appendix B - Standard Forms: Templates for sub-processor approval, data subject requests, and breach notifications

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
Agreement
Applicable Data Protection Laws
Authorized Sub-processor
Business Day
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Electronic System
Electronic System Operator
Indonesian Personal Data Protection Law
Personal Data
Personal Data Breach
Processing
Processor
Restricted Transfer
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanisms
Cross-border Transfer
Data Deletion
Data Return
Documented Instructions
Electronic System
Processing Purposes
Relevant Personal Data
Security Breach Response Plan
Confidential Information
Authorized Personnel
Processing Records
Data Protection Requirements
Material Change
Notification Period
Processing Location
Regulator
Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Cloud Services

Digital Marketing

Human Resources Services

Consulting

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Privacy

Information Technology

Risk Management

Procurement

Operations

Data Protection

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Chief Information Security Officer

Chief Technology Officer

Risk Manager

Operations Manager

IT Director

Procurement Manager

Vendor Management Officer

Chief Legal Officer

Data Protection Specialist

Industries
Law No. 27 of 2022 on Personal Data Protection (PDP Law): Indonesia's primary data protection law that establishes comprehensive requirements for personal data processing, transfer, and protection. It includes provisions on consent, data subject rights, and cross-border data transfers.
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 center localization requirements.
Minister of Communication and Information Technology Regulation No. 20 of 2016: Details the protection of personal data in electronic systems, including specific technical and organizational measures required for data protection.
Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law): Provides the basic framework for electronic transactions and information, including provisions on electronic signatures and legal recognition of electronic documents.
Minister of Communication and Information Technology Regulation No. 4 of 2016: Specifies information security management system requirements that may affect data processing activities and security measures.
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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