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DPA Data Protection Agreement
"I need a DPA Data Protection Agreement under Indonesian law for my technology company that will be hiring a cloud service provider in Singapore to process customer data, with specific provisions for cross-border data transfers and data localization requirements."
1. Parties: Identification of the data controller and data processor, including their registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities
3. Definitions: Definitions of key terms aligned with Indonesian PDP Law, including Personal Data, Processing, Controller, Processor, Data Subject, etc.
4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities, categories of data, and processing purposes
5. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and subprocessing restrictions
6. Data Controller Rights and Obligations: Controller's responsibilities, authority to issue instructions, and oversight rights
7. Data Security Requirements: Specific security measures required under Indonesian law, including technical and organizational measures
8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with Indonesian PDP Law requirements
9. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian regulations
10. Audit Rights: Controller's rights to audit processor's compliance and processor's obligation to contribute to audits
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when personal data will be transferred outside Indonesia, detailing compliance with Indonesian cross-border transfer requirements
2. Subprocessing: Required when the processor intends to engage subprocessors, detailing conditions and approval processes
3. Industry-Specific Requirements: Required for regulated industries (e.g., financial services, healthcare) to address sector-specific data protection requirements
4. Data Protection Impact Assessment: Required for high-risk processing activities as defined under Indonesian PDP Law
5. Insurance Requirements: Optional section specifying required insurance coverage for data protection-related incidents
6. Force Majeure: Optional section addressing circumstances beyond parties' control affecting data protection obligations
1. Schedule 1 - Details of Processing: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented to protect personal data
3. Schedule 3 - Authorized Subprocessors: List of approved subprocessors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for key personnel responsible for data protection matters
7. Appendix B - Standard Contractual Clauses: If applicable, standard clauses for international data transfers as approved under Indonesian law
Authors
Personal Data
Special Categories of Personal Data
Processing
Data Controller
Data Processor
Data Subject
Subprocessor
Data Protection Officer
Technical and Organizational Measures
Data Breach
Cross-Border Transfer
Consent
Electronic System
Electronic System Operator
Data Protection Impact Assessment
Authorized Personnel
Confidential Information
Data Processing Agreement
Data Subject Rights
Indonesian Territory
Local Representative
Personal Data Processing System
Processing Location
Regulatory Authority
Security Incident
Services
Standard Contractual Clauses
Third Party
Transfer Mechanism
Written Instructions
Business Day
Effective Date
Force Majeure Event
Group Company
Permitted Purpose
Records of Processing
Term
Scope of Processing
Data Controller Obligations
Data Processor Obligations
Subprocessing
Confidentiality
Security Measures
Data Subject Rights
Personal Data Breach
Cross-Border Transfers
Audit Rights
Liability and Indemnification
Insurance
Term and Termination
Data Return and Deletion
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Compliance with Laws
Data Localization
Regulatory Cooperation
Warranties and Representations
Technology and Software
Financial Services
Healthcare
E-commerce
Education
Telecommunications
Professional Services
Manufacturing
Retail
Insurance
Tourism and Hospitality
Transportation and Logistics
Marketing and Advertising
Research and Development
Government and Public Sector
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Operations
Procurement
Data Governance
Internal Audit
Corporate Affairs
Vendor Management
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Manager
Compliance Officer
Legal Counsel
IT Security Manager
Risk Manager
Operations Director
Chief Technology Officer
Information Security Analyst
Privacy Analyst
Contract Manager
Procurement Manager
Chief Operating Officer
Data Governance Manager
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