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Data Privacy Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for processing personal data between a data controller and a data processor. The document ensures compliance with Indonesia's Personal Data Protection Law (PDP Law) of 2022 and related regulations, including Government Regulation 71/2019 on Electronic Systems and Transactions. It outlines specific obligations, security measures, data handling procedures, and liability arrangements while incorporating requirements for data subject rights protection and breach notification procedures in accordance with Indonesian data protection requirements.

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What is a Data Privacy Contract?

The Data Privacy Contract serves as a crucial legal framework for organizations engaging in personal data processing activities in Indonesia. This document is essential when one organization (the data controller) engages another organization (the data processor) to process personal data on its behalf. The contract ensures compliance with Indonesia's Personal Data Protection Law of 2022 and related regulations, establishing clear responsibilities, security requirements, and operational procedures for both parties. It becomes necessary when outsourcing data processing activities, using cloud services, or engaging third-party service providers who will have access to personal data. The agreement includes detailed provisions for data protection measures, breach notification procedures, cross-border data transfers (if applicable), and mechanisms for maintaining compliance with Indonesian data protection requirements.

What sections should be included in a Data Privacy Contract?

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

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Definitions of key terms used in the agreement, aligned with Indonesian PDP Law terminology

4. Scope of Processing: Detailed description of the personal data to be processed and the specific processing activities permitted

5. Data Controller Obligations: Responsibilities and obligations of the data controller under Indonesian law, including oversight and instruction rights

6. Data Processor Obligations: Core obligations of the processor including processing limitations, security measures, and compliance requirements

7. Data Security Measures: Required technical and organizational security measures to protect personal data

8. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian regulations

9. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in fulfilling data subject rights

10. Confidentiality: Confidentiality obligations regarding processed personal data and business information

11. Audit Rights: Controller's rights to audit the processor's compliance and processor's obligation to cooperate

12. Term and Termination: Duration of the agreement and conditions for termination

13. Return or Deletion of Data: Obligations regarding data handling upon contract termination

14. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

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

What sections are optional to include in a Data Privacy Contract?

1. Cross-Border Data Transfers: Required when personal data will be transferred outside Indonesia, including compliance with transfer requirements under PDP Law

2. Sub-Processing: Include when the processor may engage sub-processors, specifying conditions and approval requirements

3. Data Protection Impact Assessment: Required when processing activities may result in high risk to individuals' rights

4. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required

5. Business Continuity and Disaster Recovery: Required for critical processing activities requiring specific recovery measures

6. Special Categories of Personal Data: Include when processing sensitive personal data requiring additional safeguards

What schedules should be included in a Data Privacy Contract?

1. Schedule 1 - Processing Activities: Detailed description of authorized processing activities, categories of data subjects and personal data

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

3. Schedule 3 - Authorized Sub-Processors: List of approved sub-processors and their processing activities, if applicable

4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards, if applicable

5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for data processing activities

6. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for data breach incidents

7. Appendix B - Compliance Checklist: Checklist of compliance requirements under Indonesian data protection laws

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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