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This Data Processing Agreement is essential for organizations operating in Indonesia that engage third parties to process personal data on their behalf. The document is required under Law No. 27 of 2022 on Personal Data Protection and related regulations, which mandate specific contractual safeguards for personal data processing activities. The agreement should be used whenever a data controller outsources any processing of personal data to a third party, whether for cloud services, analytics, payroll processing, or other services involving personal data. It includes mandatory provisions for security measures, data breach notifications, sub-processing restrictions, and cross-border data transfers. The agreement must reflect Indonesian-specific requirements such as data localization rules and sector-specific regulations while ensuring practical operability for both parties.

1. Parties: Identification of the data controller and data processor, including their legal representatives

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

3. Definitions: Key terms used in the agreement, aligned with Indonesian PDP Law definitions

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of personal data, and processing purposes

5. Duration of Processing: Timeline for data processing activities and terms for agreement renewal

6. Obligations of the Data Controller: Responsibilities and duties of the data controller, including providing instructions and ensuring legal basis for processing

7. Obligations of the Data Processor: Detailed processor obligations including security measures, confidentiality, and processing limitations

8. Security Measures: Technical and organizational security measures required to protect personal data

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and assisting the controller

11. Data Breach Notification: Procedures and timelines for reporting data breaches

12. Audit Rights: Controller's right to audit and processor's obligation to demonstrate compliance

13. Termination: Conditions for termination and data handling upon termination

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