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Data Processing Addendum
"I need a Data Processing Addendum under Indonesian law for my fintech company that will be using a cloud service provider based in Singapore, with particular emphasis on cross-border data transfers and financial sector compliance requirements."
1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives
2. Background: Context of the relationship between parties and reference to the main agreement this DPA supplements
3. Definitions: Key terms used in the agreement, aligned with Indonesian PDP Law definitions and international standards
4. Scope and Purpose: Details of the data processing activities covered by the agreement, including categories of data subjects and types of personal data
5. Roles and Responsibilities: Clear delineation of obligations for both controller and processor under Indonesian law
6. Data Processing Instructions: Specific instructions for processing personal data, including prohibited activities and required approvals
7. Security Measures: Technical and organizational measures required to protect personal data as per Indonesian regulations
8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with Indonesian PDP Law requirements
9. Data Breach Notification: Procedures and timeframes for reporting data breaches as required by Indonesian law
10. Audit Rights: Controller's right to audit processor's compliance and cooperation with regulatory investigations
11. Cross-border Data Transfers: Requirements and restrictions for international data transfers under Indonesian law
12. Term and Termination: Duration of the DPA and circumstances for termination
13. Return or Deletion of Data: Obligations regarding personal data upon termination of services
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Sub-processing: Include when the processor may engage sub-processors, detailing approval requirements and sub-processor obligations
2. Sector-Specific Requirements: Include when processing data in regulated sectors (e.g., financial services, healthcare) requiring additional compliance measures
3. Data Localization Requirements: Include detailed provisions when processing involves specific data types requiring local storage under Indonesian regulations
4. Insurance Requirements: Include when specific insurance coverage is required for data processing activities
5. Business Continuity: Include when processing critical data requiring specific disaster recovery and business continuity measures
6. Special Categories of Data: Include when processing sensitive personal data requiring additional safeguards
1. Description of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Technical and Organizational Measures: Specific security measures implemented to protect personal data
3. Approved Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers, including any required safeguards
5. Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Data Subject Request Procedures: Specific procedures for handling various types of data subject requests
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Transportation and Logistics
Media and Entertainment
Real Estate
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Information Security
Privacy
Risk Management
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Chief Privacy Officer
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Legal Counsel
Compliance Manager
IT Security Manager
Privacy Manager
Risk Manager
Procurement Manager
Vendor Relations Manager
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Chief Information Security Officer
Chief Technology Officer
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Chief Compliance Officer
Information Security Director
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