Third Party Data Processing Agreement Template for Indonesia

A Third Party Data Processing Agreement is essential when an organization (the data controller) engages another party (the data processor) to process personal data on its behalf in Indonesia. This document has become particularly important following the implementation of Indonesia's Personal Data Protection Law (Law No. 27 of 2022), which introduces specific requirements for data processing relationships. The agreement should be used whenever personal data processing is outsourced, whether for cloud services, payment processing, HR management, or other data handling activities. It must address specific Indonesian regulatory requirements including data localization rules, cross-border transfer restrictions, and mandatory security measures. The document typically includes detailed provisions on data protection obligations, security requirements, breach notification procedures, and audit rights, ensuring compliance with both local and international data protection standards.

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

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 those specified in the PDP Law

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

5. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with instructions

6. Obligations of the Data Controller: Responsibilities of the controller including providing documented instructions and ensuring lawful basis for processing

7. Data Security: Security measures required to protect personal data as per Indonesian regulations

8. Confidentiality: Confidentiality obligations for both parties regarding the processed data

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

10. Data Subject Rights: Procedures for handling data subject requests and assisting the controller

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

12. Audit Rights: Controller's rights to audit the processor's compliance

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

14. Data Return and Deletion: Obligations regarding data handling upon agreement termination

15. Liability and Indemnity: Allocation of liability and indemnification provisions

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