Intercompany Data Sharing Agreement Template for Indonesia

When your corporate group operates multiple entities in Indonesia, sharing data between affiliated companies requires careful legal structuring to comply with the country's comprehensive data protection framework. An Intercompany Data Sharing Agreement provides the essential legal foundation for these arrangements, ensuring your organization meets regulatory requirements while facilitating necessary business operations across your corporate structure.

When do you need this document?

You need this agreement whenever affiliated companies within your corporate group plan to share personal data, customer information, employee records, or operational data. This includes situations where a parent company needs to consolidate customer data from Indonesian subsidiaries, when shared services centers process payroll data for multiple group entities, or when technology subsidiaries provide data processing services to operating companies. The agreement is particularly crucial for multinational corporations with Indonesian operations that need to transfer data between local entities and international headquarters, as well as Indonesian conglomerates operating across different business sectors or regions.

Key legal considerations

Your agreement must clearly define the roles of each party as data controllers, data processors, or joint controllers under Indonesia's Personal Data Protection Law. You need to specify the categories of personal data being shared, the purposes for processing, and the legal basis for each data sharing activity. The document should include comprehensive data security measures, breach notification procedures, and data subject rights protocols. You must also address data retention periods, deletion requirements, and audit rights to ensure ongoing compliance. Consider including provisions for handling regulatory inquiries, establishing liability frameworks between entities, and managing consent requirements where applicable.

Legal requirements in Indonesia

Under Law No. 27 of 2022 on Personal Data Protection, your agreement must comply with strict data protection principles including lawfulness, purpose limitation, data minimization, and accountability. You need to ensure proper legal bases for data processing and implement appropriate technical and organizational security measures. For cross-border data transfers within your corporate group, you must satisfy adequacy requirements or implement appropriate safeguards such as standard contractual clauses. The agreement should also comply with Government Regulation No. 71 of 2019 regarding electronic systems, particularly for technical aspects of data sharing infrastructure. Additionally, ensure your intercompany arrangements align with corporate law requirements under Law No. 40 of 2007 on Limited Liability Companies, including proper board approvals and documentation of related party transactions where required.