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A Data Transfer Agreement sets clear rules for sharing personal or sensitive information between organizations in Indonesia. It spells out how data will be handled, protected, and used when moving it from one party to another, following Indonesia's Personal Data Protection Law and Ministry of Communication regulations.

Companies use these agreements to ensure lawful data flows, protect privacy rights, and maintain compliance when transferring customer details, employee records, or business information. The agreement covers security measures, data retention periods, confidentiality requirements, and the specific purposes for which the transferred data can be used.

Use a Data Transfer Agreement when sharing personal or sensitive information with other organizations in Indonesia, especially across different provinces or internationally. This includes sending customer databases to service providers, transferring employee records between company branches, or sharing research data with partner institutions.

The agreement becomes essential when handling sensitive information like financial records, health data, or large volumes of personal details that fall under Indonesia's Personal Data Protection Law. Companies need it before cloud migrations, during mergers and acquisitions, or when outsourcing operations that involve access to protected data.

• Standard Cross-Border: Used when transferring data outside Indonesia, requiring extra safeguards and compliance with international data protection standards
• Inter-Company Transfer: Designed for data sharing between affiliated companies or subsidiaries within Indonesia's borders
• Service Provider Agreement: Tailored for outsourcing relationships where vendors need access to company data
• Research and Academic: Modified for educational institutions sharing research data, with specific provisions for academic use
• Healthcare Data Transfer: Contains enhanced security measures for sensitive medical information under Indonesian healthcare regulations

• Data Controllers: Companies and organizations that own and determine how personal data is processed, like banks, hospitals, or tech companies
• Data Processors: Service providers and vendors who handle data on behalf of controllers, such as cloud storage providers or IT contractors
• Legal Teams: In-house counsel and external law firms who draft and review agreements to ensure compliance with Indonesian data protection laws
• Compliance Officers: Internal staff responsible for monitoring data handling practices and maintaining regulatory compliance
• Government Regulators: Ministry of Communication and Information Technology officials who oversee data protection compliance

• Data Inventory: List all types of data being transferred, including personal information, business data, and sensitive details
• Party Details: Gather complete information about both organizations, including registration numbers and authorized representatives
• Security Measures: Document existing data protection protocols and plan additional safeguards needed for the transfer
• Transfer Purpose: Define specific reasons for data sharing and how the receiving party will use the information
• Compliance Check: Review Indonesia's Personal Data Protection Law requirements for your specific data categories
• Duration Planning: Determine how long the transfer arrangement will last and data retention periods

• Party Information: Full legal names, addresses, and registration numbers of both data controller and processor
• Data Description: Detailed categories of data being transferred and specific purposes for the transfer
• Security Measures: Technical and organizational safeguards to protect data during transfer and storage
• Transfer Parameters: Geographic locations, transfer methods, and duration of data processing activities
• Compliance Framework: References to Indonesian Personal Data Protection Law and relevant regulations
• Rights and Obligations: Clear responsibilities of each party, including breach notification and data subject rights
• Termination Terms: Conditions for ending the agreement and data handling after termination

A Data Transfer Agreement differs significantly from a Data Processing Agreement in several key aspects, though both play crucial roles in Indonesian data protection compliance. While a Data Transfer Agreement focuses on the movement of data between organizations, a Data Processing Agreement governs how data is handled and processed once received.

• Scope of Control: Data Transfer Agreements primarily address the logistics and security of moving data from one party to another, while Processing Agreements detail ongoing data handling operations
• Duration of Application: Transfer Agreements typically cover a specific transfer event or period, whereas Processing Agreements remain active throughout the entire data processing relationship
• Legal Requirements: Under Indonesian law, Transfer Agreements focus on cross-border data flow compliance, while Processing Agreements align with domestic data processing regulations
• Risk Management: Transfer Agreements emphasize security during transmission, while Processing Agreements cover broader operational risks and data protection measures