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Personal Data Protection Agreement

Personal Data Protection Agreement Template for Indonesia

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Key Requirements PROMPT example:

Personal Data Protection Agreement

"I need a Personal Data Protection Agreement for my Indonesian fintech company that will be processing customer payment data and sharing it with our new cloud service provider in Singapore, with the agreement to take effect from March 2025."

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Document background
The Personal Data Protection Agreement is essential for organizations operating in Indonesia that process personal data, whether as controllers or processors. This agreement has become particularly crucial following the enactment of Indonesia's Personal Data Protection Law (UU PDP) in 2022, which introduced comprehensive data protection requirements similar to GDPR. The document should be used whenever there is processing of personal data between parties, establishing clear responsibilities, compliance mechanisms, and liability allocation. It addresses key requirements under Indonesian law including consent management, data subject rights, security measures, breach notification procedures, and cross-border transfer restrictions. The agreement is particularly important given the significant penalties under UU PDP for non-compliance, including administrative fines and potential criminal sanctions.
Suggested Sections

1. Parties: Identification of the contracting parties, including their roles as data controller and/or data processor

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Key terms used in the agreement, aligned with UU PDP 2022 definitions

4. Scope and Purpose: Detailed description of personal data processing activities covered by the agreement

5. Data Protection Principles: Fundamental principles for processing personal data in compliance with UU PDP

6. Rights of Data Subjects: Recognition and implementation of data subject rights under UU PDP

7. Data Security Measures: Technical and organizational measures required to protect personal data

8. Confidentiality Obligations: Obligations regarding confidentiality of personal data and processing activities

9. Data Breach Notification: Procedures and timelines for reporting and handling personal data breaches

10. Term and Termination: Duration of the agreement and conditions for termination

11. Return or Deletion of Data: Obligations regarding personal data upon termination of the agreement

12. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including mechanisms for ensuring compliance with UU PDP requirements

2. Subprocessing: Include when the data processor may engage subprocessors, detailing requirements for approval and obligations

3. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services) subject to additional regulatory requirements

4. Data Protection Impact Assessment: Include when processing activities require DPIA under UU PDP

5. Audit Rights: Detailed audit provisions when regular compliance verification is required

6. Insurance Requirements: Specific insurance obligations for high-risk processing activities

Suggested Schedules

1. Description of Processing Activities: Detailed list of processing activities, categories of data subjects, and types of personal data

2. Technical and Organizational Measures: Specific security measures implemented to protect personal data

3. Approved Subprocessors: List of approved subprocessors and their processing activities

4. Data Subject Rights Procedure: Detailed procedures for handling data subject requests

5. Data Breach Response Plan: Detailed procedures and contact information for data breach response

6. Cross-border Transfer Mechanisms: Details of mechanisms used for international data transfers

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Special Category Personal Data
Processing
Data Controller
Data Processor
Data Subject
Consent
Data Protection Laws
UU PDP
Data Protection Officer
Data Breach
Technical and Organizational Measures
Subprocessor
Cross-border Transfer
Confidential Information
Processing Activities
Data Subject Rights
Security Incident
Applicable Laws
Data Protection Impact Assessment
Electronic System
Electronic System Operator
Privacy Notice
Data Deletion
Data Minimization
Third Party
Authorized Personnel
Processing Location
Data Transfer Agreement
Regulatory Authority
Legitimate Interest
Data Protection Principles
Supervisory Authority
Data Retention Period
Anonymization
Pseudonymization
Encryption
Access Controls
Audit Trail
Breach Notification
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Education

Telecommunications

Insurance

Retail

Manufacturing

Professional Services

Tourism and Hospitality

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Governance

Privacy

Procurement

Corporate Affairs

Internal Audit

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Chief Technology Officer

Privacy Manager

Contracts Manager

Chief Information Security Officer

General Counsel

Chief Legal Officer

Data Governance Manager

Industries
Law No. 27 of 2022 on Personal Data Protection (UU PDP): Indonesia's primary data protection law that regulates the processing of personal data, rights of data subjects, obligations of data controllers and processors, cross-border data transfers, and administrative sanctions
Government Regulation No. 71 of 2019 (GR 71/2019): Regulation concerning the Implementation of Electronic Systems and Transactions, which includes provisions on data protection in electronic systems and requirements for electronic system operators
MOCI Regulation 20 of 2016: Regulation on Personal Data Protection in Electronic Systems, providing specific requirements for protecting personal data in electronic systems including consent mechanisms and data security measures
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Provides the basic framework for contractual relationships and obligations between parties, which is relevant for the agreement structure and enforcement
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Governs electronic transactions and information, including provisions related to the validity of electronic documents and signatures
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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