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Joint Controller Agreement Template for Indonesia

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Key Requirements PROMPT example:

Joint Controller Agreement

"I need a Joint Controller Agreement for a collaboration between a hospital and a medical research institute in Indonesia, with specific provisions for handling sensitive health data and research findings, to be implemented by March 2025."

Document background
Joint Controller Agreements have become increasingly important in Indonesia following the implementation of the Personal Data Protection Law (Law No. 27 of 2022). This document type is essential when two or more organizations jointly determine why and how personal data will be processed, requiring them to formally establish their respective roles and responsibilities. The agreement must comply with Indonesian data protection requirements while providing clear guidelines on operational matters such as data security, breach management, and data subject rights. A Joint Controller Agreement is particularly crucial in collaborative projects, shared platforms, or joint ventures where multiple parties have control over data processing activities. The document should reflect the specific requirements of Indonesian law while incorporating international best practices in data protection.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement

2. Background: Context of the agreement and explanation of the joint processing activities

3. Definitions: Definitions of key terms used in the agreement, including those from the PDP Law

4. Scope and Purpose: Details of the joint processing activities and their purposes

5. Roles and Responsibilities: Allocation of responsibilities between joint controllers for compliance with PDP Law

6. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities

7. Data Security: Security measures to be implemented by both parties

8. Data Breach Notification: Procedures for handling and reporting data breaches

9. Confidentiality: Obligations regarding confidentiality of shared information

10. Liability and Indemnification: Distribution of liability between parties and indemnification provisions

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

12. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction

13. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia

2. Processor Appointments: Needed when joint controllers will engage data processors

3. Insurance Requirements: Specific insurance obligations for high-risk processing activities

4. Audit Rights: Detailed audit provisions for complex processing operations

5. Business Continuity: Required for critical processing operations

6. Special Categories of Data: Additional provisions for processing sensitive personal data

7. Data Protection Impact Assessment: Required for high-risk processing activities

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being processed

2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by both parties

3. Schedule 3 - Processing Activities: Detailed description of joint processing activities

4. Schedule 4 - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

5. Schedule 5 - Contact Points: Key contacts for operational and emergency matters

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

7. Appendix B - Compliance Checklist: Checklist of PDP Law compliance requirements

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

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Data Protection Officer

Chief Privacy Officer

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Compliance Manager

Information Security Manager

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