International Data Transfer Agreement Template for Indonesia

When you need to transfer personal data from Indonesia to another country, you must establish proper legal safeguards to comply with Indonesia's comprehensive data protection framework. An International Data Transfer Agreement creates the necessary contractual foundation to ensure your cross-border data transfers meet the strict requirements of Indonesian law while protecting the rights of data subjects.

When do you need this document?

You need this agreement whenever your Indonesian organization plans to transfer personal data outside Indonesia's borders. This includes sharing customer information with foreign service providers, transferring employee data to overseas offices, or collaborating with international partners on projects involving personal data. The agreement is particularly crucial for multinational companies with intra-group data sharing arrangements, technology companies using foreign cloud services, and businesses outsourcing data processing to overseas vendors. Given Indonesia's data localization requirements under Government Regulation 71/2019, you must demonstrate adequate protection measures before any cross-border transfer can occur.

Key legal considerations

Your agreement must address several critical legal requirements under Indonesian law. First, you need to establish the legal basis for the data transfer under UU PDP, which may include explicit consent, contractual necessity, or legitimate interests. The agreement must specify detailed data protection obligations for the receiving party, including implementing appropriate technical and organizational measures equivalent to Indonesian standards. You must include provisions for data subject rights, ensuring individuals can exercise their rights to access, rectify, or delete their data even after international transfer. Breach notification procedures are essential, requiring immediate notification to Indonesian authorities and affected individuals. The agreement should also address data retention periods, sub-processing arrangements, and termination procedures that ensure secure data return or destruction.

Legal requirements in Indonesia

Indonesian law imposes specific obligations that your agreement must satisfy. Under UU PDP and MOCI Regulation 20/2016, you must conduct a transfer impact assessment demonstrating that the receiving country provides adequate protection or that you have implemented appropriate safeguards. The agreement must comply with data localization requirements, ensuring that certain categories of sensitive data remain within Indonesian jurisdiction unless specific exemptions apply. You need to register your cross-border transfer activities with relevant Indonesian authorities and maintain detailed transfer records. The receiving party must agree to cooperate with Indonesian data protection authorities and allow audits of their data processing activities. Additionally, your agreement should include specific clauses addressing Indonesia's data sovereignty concerns and ensuring that Indonesian law governs data protection aspects of the transfer relationship.