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DPA Agreement

DPA Agreement Template for Indonesia

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Key Requirements PROMPT example:

DPA Agreement

"I need a DPA Agreement under Indonesian law for my fintech company that will be using a cloud service provider based in Singapore, with processing starting from March 2025, including provisions for cross-border data transfers and financial sector compliance requirements."

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Document background
A Data Processing Agreement (DPA) is essential for organizations operating in Indonesia that engage third parties to process personal data on their behalf. This document is required under Indonesia's Personal Data Protection Law (PDP Law) and must be implemented whenever a data controller outsources data processing activities to a processor. The DPA Agreement establishes clear responsibilities, security requirements, and compliance obligations while ensuring adherence to Indonesian data protection regulations. It addresses crucial aspects such as data security measures, breach notification procedures, cross-border data transfers, and specific Indonesian requirements for electronic system operators. The agreement is particularly important given Indonesia's strict data localization requirements and the potential penalties for non-compliance with data protection regulations.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their legal details and 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 authorized processing activities, categories of data, and processing purposes

5. Obligations of the Data Processor: Core responsibilities including processing limitations, security measures, and compliance requirements

6. Obligations of the Data Controller: Controller's responsibilities, including lawful basis for processing and instructions

7. Security Measures: Technical and organizational security measures required under Indonesian law

8. Confidentiality: Confidentiality obligations for processor and its personnel

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

10. Data Subject Rights: Processor's obligations to assist with data subject requests

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

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Term and Termination: Duration of the agreement and termination provisions

14. Return or Deletion of Data: Obligations regarding personal data upon agreement termination

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

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including specific safeguards and compliance with PDP Law requirements

2. Sector-Specific Requirements: Additional provisions for specific sectors (e.g., financial services, healthcare) subject to additional regulations

3. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by Indonesian law

4. Insurance Requirements: Specific insurance obligations for data processing activities

5. Business Continuity: Requirements for maintaining business continuity and disaster recovery plans

6. Local Representative: Required when either party is not established in Indonesia

Suggested Schedules

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

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

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

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

5. Schedule 5 - Contact Details: Contact information for data protection representatives and key personnel

6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix B - Audit Requirements: Specific procedures and requirements for compliance audits

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 | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
















































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Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Professional Services

Education

Retail

Insurance

Hospitality

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Procurement

Operations

Data Protection

Information Technology

Corporate Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Privacy Manager

Risk Manager

Information Security Manager

Operations Director

Procurement Manager

Contract Manager

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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