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Supplier Data Processing Agreement

Supplier Data Processing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Supplier Data Processing Agreement

"I need a Supplier Data Processing Agreement for my Indonesian fintech company that will be using a cloud service provider based in Singapore, with specific provisions for cross-border data transfers and financial sector compliance requirements, to be implemented by March 2025."

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Document background
The Supplier Data Processing Agreement is essential for organizations operating in Indonesia that engage third-party suppliers to process personal data on their behalf. This document has become increasingly critical following the implementation of Indonesia's Personal Data Protection Law (PDP Law) in 2022, which introduced strict requirements for personal data processing activities. The agreement defines the relationship between the data controller and processor, establishing clear responsibilities and obligations for data protection, security measures, and compliance with Indonesian regulations. It is particularly important for cross-border data transfers and when engaging with international service providers. The document should be used whenever a company outsources personal data processing activities to external suppliers, ensuring proper data protection safeguards are in place and maintaining compliance with Indonesian data protection requirements.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal status and registered addresses

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

3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined in Indonesian PDP Law

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data involved, and purposes of processing

5. Roles and Responsibilities: Clear delineation of roles as data controller and data processor, and respective responsibilities

6. Data Protection Obligations: Specific obligations regarding data protection, security measures, and compliance with Indonesian PDP Law

7. Technical and Organizational Measures: Required security measures to protect personal data during processing activities

8. Confidentiality: Obligations regarding confidentiality of processed data and business information

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in fulfilling data subject rights

11. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian regulations

12. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

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

14. Return or Deletion of Data: Obligations regarding data handling upon termination of the agreement

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

16. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Data Localization Requirements: Specific provisions for data storage and processing location requirements, necessary when dealing with specific categories of data that must be stored in Indonesia

2. Cross-border Data Transfers: Provisions governing international data transfers, required when data processing involves transfers outside Indonesia

3. Sector-Specific Compliance: Additional compliance requirements for specific sectors (e.g., financial services, healthcare), needed when processing sector-regulated data

4. Business Continuity and Disaster Recovery: Specific requirements for ensuring continuous data processing services, important for critical processing activities

5. Insurance Requirements: Specific insurance obligations for the processor, recommended for high-risk processing activities

6. Change Control Procedures: Formal procedures for managing changes to processing activities, recommended for complex processing arrangements

Suggested Schedules

1. Description of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations

2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Details of mechanisms used for any international data transfers

5. Service Level Agreement: Specific performance metrics and service levels for processing activities

6. Security Incident Response Plan: Detailed procedures for handling and reporting security incidents and data breaches

7. Compliance Checklist: Checklist of compliance requirements under Indonesian PDP Law and other relevant regulations

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
Agree
Agreement
Applicable Data Protection Laws
Approved Sub-processor
Authorized Personnel
Business Day
Confidential Information
Controller
Data Breach
Data Processing Services
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Electronic System
Force Majeure
Good Industry Practice
Indonesian PDP Law
International Data Transfer
Personal Data
Processing
Processor
Processor Personnel
Professional Fee
Restricted Transfer
Security Incident
Security Measures
Sensitive Personal Data
Services
Sub-processor
Supplier
Technical and Organizational Measures
Term
Territory
Third Party
Working Day
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Professional Services

Education

Insurance

Retail

Logistics

Human Resources

Consulting

Relevant Teams

Legal

Information Security

Compliance

Procurement

Information Technology

Risk Management

Vendor Management

Privacy

Data Protection

Information Governance

Contract Management

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Procurement Manager

Vendor Management Officer

Risk Manager

Information Security Manager

Chief Technology Officer

Chief Legal Officer

Contract Manager

Privacy Analyst

Information Governance Manager

Industries
Law No. 27 of 2022 on Personal Data Protection (PDP Law): Indonesia's primary data protection legislation that regulates the processing of personal data, including obligations of data controllers and processors, data subject rights, and cross-border data transfers
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Regulates the implementation of electronic systems and transactions, including requirements for electronic system operators and data processing activities
Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law): Framework law for electronic transactions and systems that includes provisions on data protection and security requirements
Minister of Communication and Informatics Regulation No. 20 of 2016: Specific regulation on personal data protection in electronic systems, including technical requirements for data processing and storage
Indonesian Civil Code (KUHPerdata): Provides the basic framework for contracts and agreements under Indonesian law, including principles of valid contracts and contractual obligations
Government Regulation No. 80 of 2019: Regulations on electronic commerce that include provisions on data protection in the context of e-commerce activities
OJK Regulation No. 38/POJK.03/2016: Financial services sector regulation that includes requirements for data protection and processing when handling financial sector data
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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