International Data Transfer Agreement Template for Indonesia

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Key Requirements PROMPT example:

International Data Transfer Agreement

"Need an International Data Transfer Agreement for transferring customer data from our Jakarta-based e-commerce platform to our cloud service provider in Singapore, with specific provisions for handling payment data and ensuring compliance with Indonesian financial regulations."

Document background
The International Data Transfer Agreement is essential for organizations transferring personal data from Indonesia to other countries. It becomes necessary when an Indonesian entity needs to share personal data with foreign partners, service providers, or group companies. The agreement ensures compliance with Indonesia's Personal Data Protection Law (UU PDP), Government Regulation 71/2019, and related MOCI regulations. It addresses critical aspects such as data protection principles, technical security measures, data subject rights, and breach notification requirements. The document is particularly important given Indonesia's strict data localization requirements and the need for specific safeguards in cross-border data transfers. It should be used whenever personal data will be transferred outside Indonesia's jurisdiction, whether for processing, storage, or other purposes.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their roles as controller/processor

2. Background: Context of the agreement and relationship between the parties

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

4. Scope and Purpose: Details of the data transfer activities and their intended purpose

5. Data Protection Principles: Compliance with Indonesian data protection principles and international standards

6. Obligations of Data Exporter: Responsibilities and warranties of the party sending the data

7. Obligations of Data Importer: Responsibilities and warranties of the party receiving the data

8. Technical and Organizational Measures: Security measures required for data protection

9. Data Subject Rights: Procedures for handling data subject requests and rights under UU PDP

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

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

12. Duration and Termination: Term of agreement and termination provisions

13. Governing Law and Jurisdiction: Application of Indonesian law and jurisdiction

14. General Provisions: Standard contractual terms including amendments, notices, and severability

Optional Sections

1. Sub-processing: Include when the data importer may engage sub-processors

2. Data Localization Requirements: Include when dealing with specific categories of data requiring local storage under GR 71/2019

3. Special Categories of Data: Include when transferring sensitive personal data

4. Return or Destruction of Data: Include specific provisions for data handling post-termination

5. Insurance Requirements: Include when specific insurance coverage is needed for data protection

6. Business Continuity: Include when continuous access to data is critical for operations

7. Local Representative: Include when either party needs a local representative in Indonesia

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of data categories, subjects, and transfer purposes

2. Schedule 2 - Technical and Security Measures: Detailed technical and organizational security measures

3. Schedule 3 - Sub-processors: List of approved sub-processors and their roles

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for the data transfer

5. Appendix A - Data Processing Instructions: Specific instructions for data processing activities

6. Appendix B - Contact Points: List of key contacts for operational and emergency matters

7. Appendix C - Compliance Certificates: Relevant compliance certifications and documentation

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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Professional Services

Education

Insurance

Logistics and Supply Chain

Retail

Pharmaceuticals

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

IT

Data Protection

Risk Management

Operations

Privacy

International Business

Data Governance

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Risk Manager

Operations Director

Privacy Analyst

Data Governance Manager

Chief Information Security Officer

International Business Development Manager

Corporate Counsel

Regulatory Compliance Officer

Industries
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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