The Personal Data Agreement is essential for organizations operating in Indonesia that collect, process, or control personal data. This document became particularly crucial following the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law), which introduced comprehensive data protection requirements. The agreement should be used whenever there is processing of personal data between parties, whether within the same corporate group or between independent entities. It covers critical aspects such as data processing principles, security measures, breach notifications, and cross-border transfers, all aligned with Indonesian regulatory requirements. The document is designed to protect both the data subjects' rights and the parties' interests while ensuring compliance with Indonesian data protection regulations.
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1. Parties: Identification of the contracting parties, including their roles as data controller and/or data processor
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, aligned with Indonesian PDP Law definitions
4. Scope and Purpose: Detailed description of personal data processing activities covered by the agreement
5. Data Protection Principles: Core principles for processing personal data in compliance with Indonesian law
6. Rights and Obligations of Data Controller: Specific responsibilities and obligations of the data controller under Indonesian law
7. Rights and Obligations of Data Processor: Specific responsibilities and obligations of the data processor, if applicable
8. Data Subject Rights: Procedures for handling data subject rights requests under Indonesian law
9. Data Security Measures: Required technical and organizational security measures
10. Data Breach Notification: Procedures for handling and reporting personal data breaches
11. Confidentiality: Obligations regarding confidentiality of personal data
12. Term and Termination: Duration of the agreement and termination provisions
13. Governing Law and Jurisdiction: Confirmation of Indonesian law application and dispute resolution procedures
1. Cross-border Data Transfers: Provisions for transferring data outside Indonesia, required when international data transfers are contemplated
2. Sub-processor Arrangements: Terms governing the appointment and oversight of sub-processors, needed when sub-processors will be involved
3. Special Categories of Personal Data: Additional safeguards for sensitive personal data, required when processing special categories of data
4. Data Protection Impact Assessment: Requirements for conducting DPIAs, needed for high-risk processing activities
5. Insurance and Liability: Specific insurance requirements and liability limitations, recommended for high-value or high-risk processing
6. Audit Rights: Detailed audit procedures, recommended for complex processing arrangements
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of specific processing activities and purposes
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls implemented
4. Schedule 4 - Authorized Sub-processors: List of approved sub-processors and their processing activities
5. Schedule 5 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
6. Appendix A - Data Subject Rights Procedure: Detailed procedures for handling data subject rights requests
7. Appendix B - Data Breach Response Plan: Detailed procedure for responding to and reporting data breaches
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