Sub Processing Agreement Template for Indonesia

The Sub Processing Agreement is essential when a data processor needs to engage another party (sub-processor) to perform data processing activities on their behalf in Indonesia. This document is particularly crucial following the implementation of Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and Government Regulation No. 71 of 2019, which impose strict requirements on data processing activities. The agreement ensures compliance with Indonesian data protection regulations while establishing clear chains of responsibility, security requirements, and operational protocols. It should be used whenever a processor delegates any part of their data processing obligations to a third party, whether for technical services, cloud storage, analytics, or other data handling activities. The document includes specific provisions required under Indonesian law, such as data localization requirements, mandatory breach reporting timeframes, and specific consent mechanisms.

1. Parties: Identification of the main contractor (processor) and the sub-processor, including their legal details and representatives

2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services

3. Definitions: Key terms used in the agreement, including specific Indonesian legal terminology from relevant data protection laws

4. Scope of Sub-Processing: Detailed description of the sub-processing activities, permitted purposes, and types of data involved

5. Compliance with Instructions: Obligation of sub-processor to process data only according to documented instructions from the processor

6. Data Protection Obligations: Specific obligations under Indonesian PDP Law and other relevant regulations

7. Security Measures: Technical and organizational measures required to ensure data security

8. Confidentiality: Confidentiality obligations and personnel requirements

9. Data Breach Notification: Procedures and timeframes for reporting data breaches

10. Audit Rights: Rights and procedures for conducting audits and inspections

11. Liability and Indemnification: Allocation of liability and indemnification obligations

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

13. Return or Deletion of Data: Obligations regarding data handling upon termination

14. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction