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Confidentiality Agreement Personal Information Template for Indonesia

A comprehensive confidentiality agreement tailored for the protection of personal information under Indonesian law, specifically compliant with Law No. 27 of 2022 on Personal Data Protection (PDP Law). This agreement establishes binding obligations for the handling, processing, and protection of personal information, incorporating specific requirements mandated by Indonesian data protection regulations. The document includes detailed provisions for data security measures, breach notification protocols, and compliance with cross-border data transfer restrictions, while addressing the unique aspects of Indonesian privacy law requirements and enforcement mechanisms.

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What is a Confidentiality Agreement Personal Information?

The Confidentiality Agreement Personal Information is essential for organizations operating in Indonesia that handle personal data in their business operations. This document becomes necessary when parties need to share, process, or store personal information while ensuring compliance with Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and related regulations. The agreement covers critical aspects such as data processing requirements, security measures, breach notification obligations, and cross-border transfer restrictions. It is particularly relevant in the context of service provider relationships, corporate transactions, or any situation where personal information needs to be shared with third parties. The document incorporates specific Indonesian legal requirements while maintaining international best practices for data protection and privacy.

What sections should be included in a Confidentiality Agreement Personal Information?

1. Parties: Identification of the disclosing party (data controller/processor) and receiving party, including their legal status and addresses

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

3. Definitions: Key terms including Personal Information, Confidential Information, Authorized Purpose, Processing, Security Measures, and other relevant terms as per PDP Law

4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement

5. Obligations of Receiving Party: Core confidentiality obligations, including handling, storage, and protection of personal information

6. Data Protection Compliance: Specific obligations under Indonesian PDP Law including consent requirements, data subject rights, and processing limitations

7. Security Measures: Required technical and organizational measures for protecting personal information

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and consent procedures

9. Term and Termination: Duration of confidentiality obligations and circumstances for termination

10. Return or Destruction of Information: Procedures for handling confidential information upon termination

11. Breach Notification: Requirements and procedures for reporting any data breaches or unauthorized disclosures

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

What sections are optional to include in a Confidentiality Agreement Personal Information?

1. International Data Transfers: Required when personal information may be transferred outside Indonesia, addressing cross-border data transfer requirements

2. Industry-Specific Compliance: Required for regulated industries with additional data protection requirements

3. Audit Rights: Optional section granting rights to audit compliance with confidentiality and data protection obligations

4. Insurance Requirements: Optional section requiring specific insurance coverage for data protection and cybersecurity risks

5. Subcontractor Provisions: Required when the receiving party may need to engage subcontractors to process the personal information

6. Data Processing Agreement Provisions: Required when the relationship includes data processing activities as defined under PDP Law

What schedules should be included in a Confidentiality Agreement Personal Information?

1. Schedule 1 - Categories of Personal Information: Detailed list of personal information types covered by the agreement

2. Schedule 2 - Authorized Purposes: Specific permitted purposes for using the confidential personal information

3. Schedule 3 - Security Requirements: Detailed technical and organizational security measures required

4. Schedule 4 - Authorized Personnel: List of personnel authorized to access the confidential information

5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under PDP Law

6. Appendix B - Breach Response Procedures: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Cost

Free to use

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