The Consent Waiver is a crucial legal instrument used in Indonesia when an individual or entity needs to formally waive certain rights or provide specific consent for activities that may have legal implications. This document type is particularly relevant in light of Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and must comply with strict requirements for valid consent under Indonesian law. The Consent Waiver typically includes detailed information about the parties involved, specific rights or claims being waived, acknowledgments of understanding, and any conditions or limitations on the waiver. It is commonly used in healthcare settings, research studies, data processing activities, and other situations where explicit documented consent is required by law or best practice.
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1. Parties: Identification of the party giving consent (Consenting Party) and the party receiving the consent/waiver (Recipient Party), including full legal names and addresses
2. Background: Context of the waiver, relationship between parties, and general purpose of the consent waiver
3. Definitions: Clear definitions of key terms used in the document, including specific activities, data, or rights being waived
4. Scope of Consent and Waiver: Detailed description of the specific rights, claims, or actions being waived and the extent of consent being given
5. Acknowledgments: Consenting Party's confirmation of understanding the waiver's implications and having received sufficient information
6. Duration: Period for which the consent and waiver remains valid, including start date and any expiration date
7. Representations and Warranties: Consenting Party's confirmations regarding capacity, authority, and voluntary nature of consent
8. Governing Law: Specification of Indonesian law as governing law and relevant jurisdictional provisions
9. Execution: Signature blocks and execution requirements in accordance with Indonesian law
1. Revocation Rights: Terms regarding if and how consent can be withdrawn, included when required by specific regulations or when revocation rights are granted
2. Data Protection Provisions: Specific provisions relating to personal data processing, required when the waiver involves personal data handling
3. Indemnification: Provisions regarding indemnification of the Recipient Party, included in higher-risk situations
4. Severability: Clause ensuring partial invalidity doesn't void entire agreement, included in more complex waivers
5. Language Requirements: Dual language provisions and governing language designation, required when document is bilingual Indonesian/English
6. Electronic Execution: Provisions for electronic signature and consent, included when electronic execution is contemplated
1. Schedule 1 - Specific Activities or Data: Detailed list of specific activities, data, or rights covered by the waiver
2. Schedule 2 - Information Provided: Documentation of information provided to Consenting Party to ensure informed consent
3. Appendix A - Consent Form: Standard form for recording specific instances of consent or subsequent consents if applicable
4. Appendix B - Notice of Revocation: Standard form for recording consent withdrawal if revocation rights are included
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