The Data Disclosure Agreement serves as a crucial legal instrument for organizations operating under Indonesian jurisdiction that need to share data while maintaining compliance with local data protection laws. This document becomes necessary when entities need to exchange personal, confidential, or sensitive data in the course of their business operations, research activities, or service delivery. It addresses the requirements set forth in Indonesia's Personal Data Protection Law and related regulations, including data localization rules, consent requirements, and cross-border transfer restrictions. The agreement is particularly important given Indonesia's strengthened data protection framework and the increasing need for secure data sharing in various business contexts. It includes specific provisions for data security, processing limitations, and breach notification procedures, while ensuring alignment with local regulatory requirements.
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1. Parties: Identification of the disclosing party and receiving party, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure
3. Definitions: Definitions of key terms including Personal Data, Confidential Information, Authorized Recipients, Processing, and other relevant terms as per Indonesian PDP Law
4. Scope of Disclosure: Details of what data will be disclosed, purposes of disclosure, and permitted uses
5. Data Protection Obligations: Obligations for handling personal data in compliance with Indonesian PDP Law, including consent requirements and data subject rights
6. Security Measures: Required security measures for data protection, including technical and organizational measures
7. Confidentiality Obligations: Obligations to maintain confidentiality of disclosed data and permitted exceptions
8. Data Processing and Storage: Requirements for data processing, storage locations, and compliance with Indonesian data localization rules
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Return or Destruction of Data: Obligations regarding data handling upon termination or expiry of the agreement
11. Liability and Indemnification: Allocation of liability and indemnification obligations for data breaches or non-compliance
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Cross-Border Transfer: Required when data will be transferred outside Indonesia, including compliance with cross-border data transfer requirements
2. Subprocessing: Include when the receiving party may need to engage subprocessors to handle the disclosed data
3. Audit Rights: Optional section granting audit rights to the disclosing party, recommended for high-sensitivity data
4. Insurance Requirements: Specific insurance obligations for data protection, recommended for high-value or sensitive data transfers
5. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for comprehensive agreements
6. Special Category Data: Additional provisions when dealing with sensitive personal data as defined in Indonesian PDP Law
7. Force Majeure: Provisions for handling circumstances beyond parties' control affecting data protection obligations
1. Schedule 1 - Categories of Data: Detailed list of data categories to be disclosed and their classification
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection
3. Schedule 3 - Authorized Recipients: List of authorized personnel or entities permitted to access the disclosed data
4. Schedule 4 - Data Processing Activities: Detailed description of permitted data processing activities and purposes
5. Schedule 5 - Contact Details: Contact information for key personnel responsible for data protection and breach notification
6. Appendix A - Data Transfer Procedures: Technical procedures for secure data transfer between parties
7. Appendix B - Incident Response Plan: Procedures for responding to data security incidents and breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Education
Research & Development
Manufacturing
Retail
Professional Services
Telecommunications
Government & Public Sector
Energy & Utilities
Insurance
E-commerce
Pharmaceutical
Relevant Teams
Legal
Information Technology
Compliance
Information Security
Risk Management
Data Protection
Operations
Research & Development
Business Development
Privacy
Information Governance
Procurement
Contract Management
Relevant Roles
Chief Information Officer
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
IT Director
Chief Technology Officer
Data Manager
Privacy Analyst
Information Governance Manager
Contract Manager
Chief Operations Officer
Research Director
Business Development Manager
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