The Personal Data Protection Agreement is essential for organizations operating in Indonesia that process personal data, whether as controllers or processors. This agreement has become particularly crucial following the enactment of Indonesia's Personal Data Protection Law (UU PDP) in 2022, which introduced comprehensive data protection requirements similar to GDPR. The document should be used whenever there is processing of personal data between parties, establishing clear responsibilities, compliance mechanisms, and liability allocation. It addresses key requirements under Indonesian law including consent management, data subject rights, security measures, breach notification procedures, and cross-border transfer restrictions. The agreement is particularly important given the significant penalties under UU PDP for non-compliance, including administrative fines and potential criminal sanctions.
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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, relationship between parties, and purpose of data processing activities
3. Definitions: Key terms used in the agreement, aligned with UU PDP 2022 definitions
4. Scope and Purpose: Detailed description of personal data processing activities covered by the agreement
5. Data Protection Principles: Fundamental principles for processing personal data in compliance with UU PDP
6. Rights of Data Subjects: Recognition and implementation of data subject rights under UU PDP
7. Data Security Measures: Technical and organizational measures required to protect personal data
8. Confidentiality Obligations: Obligations regarding confidentiality of personal data and processing activities
9. Data Breach Notification: Procedures and timelines for reporting and handling personal data breaches
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Deletion of Data: Obligations regarding personal data upon termination of the agreement
12. Liability and Indemnification: Allocation of responsibilities and liabilities between parties
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including mechanisms for ensuring compliance with UU PDP requirements
2. Subprocessing: Include when the data processor may engage subprocessors, detailing requirements for approval and obligations
3. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services) subject to additional regulatory requirements
4. Data Protection Impact Assessment: Include when processing activities require DPIA under UU PDP
5. Audit Rights: Detailed audit provisions when regular compliance verification is required
6. Insurance Requirements: Specific insurance obligations for high-risk processing activities
1. Description of Processing Activities: Detailed list of processing activities, categories of data subjects, and types of personal data
2. Technical and Organizational Measures: Specific security measures implemented to protect personal data
3. Approved Subprocessors: List of approved subprocessors and their processing activities
4. Data Subject Rights Procedure: Detailed procedures for handling data subject requests
5. Data Breach Response Plan: Detailed procedures and contact information for data breach response
6. Cross-border Transfer Mechanisms: Details of mechanisms used for international data transfers
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