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DPA Data Protection Agreement Template for Indonesia

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Key Requirements PROMPT example:

DPA Data Protection Agreement

"I need a DPA Data Protection Agreement under Indonesian law for my technology company that will be hiring a cloud service provider in Singapore to process customer data, with specific provisions for cross-border data transfers and data localization requirements."

Document background
The DPA Data Protection Agreement is essential for organizations engaging in personal data processing activities in Indonesia or handling Indonesian citizens' data. This document becomes necessary when one organization (the controller) engages another organization (the processor) to process personal data on its behalf. The agreement ensures compliance with Indonesia's Personal Data Protection Law (PDP Law) 2022, Government Regulation No. 71 of 2019, and related regulations. It covers crucial aspects such as data security measures, breach notification procedures, cross-border transfer requirements, and data subject rights. The DPA is particularly important given Indonesia's strict data localization requirements and the significant penalties for non-compliance introduced by the PDP Law.
Suggested Sections

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

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

3. Definitions: Definitions of key terms aligned with Indonesian PDP Law, including Personal Data, Processing, Controller, Processor, Data Subject, etc.

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

5. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and subprocessing restrictions

6. Data Controller Rights and Obligations: Controller's responsibilities, authority to issue instructions, and oversight rights

7. Data Security Requirements: Specific security measures required under Indonesian law, including technical and organizational measures

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 per Indonesian regulations

10. Audit Rights: Controller's rights to audit processor's compliance and processor's obligation to contribute to audits

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

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

Optional Sections

1. Cross-Border Data Transfers: Required when personal data will be transferred outside Indonesia, detailing compliance with Indonesian cross-border transfer requirements

2. Subprocessing: Required when the processor intends to engage subprocessors, detailing conditions and approval processes

3. Industry-Specific Requirements: Required for regulated industries (e.g., financial services, healthcare) to address sector-specific data protection requirements

4. Data Protection Impact Assessment: Required for high-risk processing activities as defined under Indonesian PDP Law

5. Insurance Requirements: Optional section specifying required insurance coverage for data protection-related incidents

6. Force Majeure: Optional section addressing circumstances beyond parties' control affecting data protection obligations

Suggested Schedules

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

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

3. Schedule 3 - Authorized Subprocessors: List of approved subprocessors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Contact information for key personnel responsible for data protection matters

7. Appendix B - Standard Contractual Clauses: If applicable, standard clauses for international data transfers as approved under Indonesian law

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

Relevant legal definitions






































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Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Education

Telecommunications

Professional Services

Manufacturing

Retail

Insurance

Tourism and Hospitality

Transportation and Logistics

Marketing and Advertising

Research and Development

Government and Public Sector

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Operations

Procurement

Data Governance

Internal Audit

Corporate Affairs

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Manager

Compliance Officer

Legal Counsel

IT Security Manager

Risk Manager

Operations Director

Chief Technology Officer

Information Security Analyst

Privacy Analyst

Contract Manager

Procurement Manager

Chief Operating Officer

Data Governance Manager

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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