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Joint Controller Data Sharing Agreement

Joint Controller Data Sharing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Joint Controller Data Sharing Agreement

"I need a Joint Controller Data Sharing Agreement under Indonesian law for a partnership between our hospital and a medical research institution in Singapore, with specific provisions for handling sensitive health data and cross-border transfers, to be implemented by March 2025."

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Document background
This Joint Controller Data Sharing Agreement is essential when two or more organizations jointly determine how personal data will be processed and shared. The agreement is specifically designed to comply with Indonesian data protection requirements, particularly Law No. 27 of 2022 on Personal Data Protection (PDP Law) and related regulations. It should be used whenever organizations engage in collaborative data processing activities where they share decision-making authority over the purposes and means of processing. The document includes detailed provisions on roles and responsibilities, security measures, data subject rights management, breach notification procedures, and liability allocation. It's particularly relevant in scenarios such as joint ventures, shared services arrangements, or collaborative research projects where multiple parties need to access and process the same sets of personal data while maintaining compliance with Indonesian data protection laws.
Suggested Sections

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

2. Background: Context of the data sharing arrangement and relationship between the parties

3. Definitions: Key terms used in the agreement, including those defined in the PDP Law

4. Scope and Purpose: Details of the personal data being processed and shared, and the specific purposes for processing

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

6. Data Protection Principles: Commitment to comply with Indonesian data protection principles and requirements

7. Legal Basis for Processing: Identification and documentation of legal grounds for data processing under PDP Law

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

9. Security Measures: Technical and organizational measures for protecting personal data

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

11. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Confirmation 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 transfer requirements

2. Sector-Specific Requirements: Additional provisions for regulated sectors such as financial services or healthcare

3. Data Protection Impact Assessment: Required when processing activities are likely to result in high risks to individuals

4. Audit Rights: Provisions for conducting compliance audits between joint controllers

5. Insurance Requirements: Specific insurance obligations for data protection risks

6. Sub-processing: Procedures for engaging sub-processors if relevant to the arrangement

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed and shared

2. Schedule 2 - Technical and Security Requirements: Specific security measures and technical requirements for data sharing

3. Schedule 3 - Data Processing Activities: Detailed description of processing activities carried out by each controller

4. Schedule 4 - Contact Points and Escalation Procedure: Key contacts and procedures for operational and emergency communications

5. Schedule 5 - Data Subject Request Procedure: Detailed procedures for handling various types of data subject requests

6. Appendix A - Standard Operating Procedures: Day-to-day operational procedures for data sharing

7. Appendix B - Privacy Notice Template: Template for joint privacy notice to be provided to data subjects

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
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Relevant Industries

Technology

Financial Services

Healthcare

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Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Data Governance

Operations

Information Management

Corporate Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Legal Officer

Chief Information Security Officer

Chief Technology Officer

Chief Compliance Officer

Legal Counsel

Privacy Manager

Compliance Manager

Information Security Manager

Data Governance Manager

Risk Manager

Operations Director

IT Director

Business Development Director

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