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Personal Data Sharing Agreement

Personal Data Sharing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Personal Data Sharing Agreement

"I need a Personal Data Sharing Agreement for my Indonesian fintech company to share customer payment data with a third-party payment processor starting March 2025, ensuring compliance with PDP Law while including specific provisions for cross-border transfers to Singapore."

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Document background
A Personal Data Sharing Agreement is essential when organizations need to share personal data in Indonesia while maintaining compliance with the country's data protection regulations, particularly the PDP Law of 2022. This document is typically used when one organization (the data controller) needs to share personal data with another organization (the data processor) for specific processing activities. It covers crucial aspects such as data security measures, breach notification procedures, cross-border transfer requirements, and compliance obligations under Indonesian law. The agreement is particularly important given Indonesia's strict data localization requirements and the significant penalties for non-compliance with data protection regulations. It should be implemented before any data sharing activities commence and updated as regulatory requirements or processing activities change.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives

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

3. Definitions: Definitions of key terms used in the agreement, including specific definitions required by Indonesian PDP Law

4. Scope and Purpose of Data Sharing: Detailed description of what personal data will be shared and the specific purposes for which it may be used

5. Data Protection Principles: Commitment to comply with Indonesian data protection principles and specific requirements under PDP Law

6. Rights and Obligations of Data Controller: Specific responsibilities and obligations of the data controller under Indonesian law

7. Rights and Obligations of Data Processor: Specific responsibilities and obligations of the data processor under Indonesian law

8. Data Security Measures: Required technical and organizational security measures for protecting personal data

9. Data Breach Notification: Procedures for handling and reporting data breaches as required by Indonesian regulations

10. Cross-border Data Transfers: Requirements and procedures for any international transfer of personal data

11. Confidentiality: Obligations regarding confidentiality of personal data and other confidential information

12. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

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

Optional Sections

1. Sub-processing: Include when the data processor may need to engage sub-processors for data processing activities

2. Data Protection Impact Assessment: Include when processing activities may result in high risk to individuals' rights

3. Special Categories of Personal Data: Include when sensitive personal data categories are involved in the processing

4. Data Subject Rights Assistance: Include detailed procedures for handling data subject requests when processor will assist with these

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

6. Audit Rights: Include when regular audits of data processing activities are required

7. Force Majeure: Include when parties want to specify circumstances beyond their control affecting data processing

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be shared and processed

2. Schedule 2 - Technical and Organizational Security Measures: Detailed description of security measures implemented by both parties

3. Schedule 3 - Data Processing Activities: Detailed description of all processing activities to be carried out

4. Schedule 4 - Sub-processors: List of approved sub-processors and their processing activities

5. Schedule 5 - Contact Details: Contact information for key personnel responsible for data protection

6. Appendix A - Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches

7. Appendix B - Data Transfer Mechanisms: Details of mechanisms used for any cross-border 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
Agreement
Applicable Law
Authorized Personnel
Business Day
Confidential Information
Consent
Controller
Cross-border Transfer
Data Breach
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Effective Date
Force Majeure
Indonesian PDP Law
Information Security Incident
Personal Data
Processing
Processor
Regulatory Authority
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanism
Permitted Purpose
Data Sharing Activities
Security Requirements
Authorized Recipients
Data Protection Principles
Processing Records
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Insurance

Professional Services

Manufacturing

Retail

Transportation and Logistics

Government and Public Sector

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Operations

Privacy

Data Governance

Information Management

Corporate Affairs

Business Development

Procurement

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Information Officer

Chief Technology Officer

Operations Manager

Project Manager

Business Development Manager

Contract Manager

Privacy Analyst

Data Governance Manager

Industries
Law No. 27 of 2022 on Personal Data Protection (PDP Law): Indonesia's primary data protection legislation that establishes comprehensive rules for personal data processing, transfer, and protection. It includes requirements for consent, data subject rights, and obligations of data controllers and processors.
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Provides the regulatory framework for electronic system operations and transactions, including requirements for data storage, security measures, and cross-border data transfers.
Minister of Communication and Informatics Regulation No. 20 of 2016: Specific regulation on personal data protection in electronic systems, detailing technical requirements for data protection and security measures.
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Provides the fundamental principles of contract law in Indonesia, including requirements for valid agreements, which are essential for the data sharing agreement's enforceability.
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Governs electronic information and transactions, including provisions on the validity of electronic documents and signatures, which are relevant for data sharing agreements.
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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