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Non Disclosure Agreement Data Protection
"I need a Non Disclosure Agreement Data Protection under Indonesian law for my technology company to engage with a third-party cloud service provider who will process our customer data and have access to our proprietary software code, planned to be effective from March 2025."
1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or personal data
3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor', and other relevant terms under Indonesian law
4. Scope of Confidential Information: Definition and categories of confidential information covered by the agreement
5. Data Protection Obligations: Specific obligations under UU PDP including lawful basis for processing, data security measures, and data subject rights
6. Use of Information: Permitted purposes and restrictions on use of confidential information and personal data
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon termination
10. Breach Notification: Procedures for reporting unauthorized disclosures or data breaches
11. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction for dispute resolution
1. International Data Transfers: Required when personal data may be transferred outside Indonesia, addressing compliance with UU PDP cross-border transfer requirements
2. Subprocessors: Needed when the receiving party may engage third parties to process personal data
3. Audit Rights: Optional provisions allowing the disclosing party to audit compliance with the agreement
4. Special Categories of Personal Data: Required when sensitive personal data as defined in UU PDP is involved
5. Data Protection Impact Assessment: Needed for high-risk processing activities under UU PDP
6. Intellectual Property Rights: Required when confidential information includes IP-protected materials
7. Insurance Requirements: Optional section specifying required insurance coverage for data protection liabilities
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose and Processing Activities: Specific details of how confidential information and personal data may be used
3. Schedule 3 - Security Measures: Technical and organizational measures required for data protection
4. Schedule 4 - Authorized Personnel: List of individuals authorized to access confidential information and personal data
5. Appendix A - Data Processing Agreement: Detailed terms for personal data processing in compliance with UU PDP requirements
6. Appendix B - Security Breach Response Plan: Procedures for handling and reporting security breaches
Authors
Authorized Purpose
Authorized Recipients
Confidential Information
Controller (Pengendali Data)
Data Subject (Subjek Data)
Disclosing Party
Personal Data (Data Pribadi)
Processing (Pemrosesan)
Processor (Prosesor Data)
Receiving Party
Representatives
Security Breach
Sensitive Personal Data (Data Pribadi Tertentu)
Trade Secrets
Proprietary Information
Permitted Purpose
Data Protection Laws
UU PDP
Electronic System
Technical and Organizational Measures
Cross-border Transfer
Consent (Persetujuan)
Data Protection Officer (DPO)
Breach Notification
Affiliate
Confidentiality Period
Data Processing Agreement
Material
Security Measures
Third Party
Intellectual Property Rights
Regulatory Authority
Data Subject Rights
Compliance Documentation
Data Protection
Information Security
Permitted Use
Return or Destruction
Non-Disclosure
Data Processing
Breach Notification
Term and Termination
Remedies
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Severability
Entire Agreement
Variation
Notices
Indemnification
Data Transfer
Access Rights
Audit Rights
Subcontracting
Compliance with Laws
Warranties
Representative Authority
Data Subject Rights
Security Measures
Cross-Border Requirements
Technology
Healthcare
Financial Services
E-commerce
Professional Services
Telecommunications
Education
Manufacturing
Research & Development
Digital Marketing
Banking
Insurance
Pharmaceutical
Retail
Consulting
Legal
Compliance
Information Technology
Information Security
Data Protection
Human Resources
Research and Development
Operations
Procurement
Risk Management
Business Development
Corporate Affairs
Information Management
Privacy
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Business Development Manager
Project Manager
Human Resources Director
Operations Manager
Risk Manager
Procurement Manager
Research Director
Chief Information Officer
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