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Personal Data Transfer Agreement
"I need a Personal Data Transfer Agreement for transferring customer data from our Indonesian headquarters to our new cloud service provider in Singapore, ensuring compliance with Indonesian PDP Law and including specific provisions for financial sector data protection."
1. Parties: Identification of the data exporter and data importer, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data transfer
3. Definitions: Definitions of key terms used in the agreement, including types of personal data, processing activities, and regulatory terms
4. Purpose and Scope: Detailed description of the purpose of data transfer and types of personal data covered
5. Obligations of Data Exporter: Responsibilities of the data exporter including data collection, consent management, and compliance with Indonesian law
6. Obligations of Data Importer: Responsibilities of the data importer including data protection measures, use limitations, and compliance requirements
7. Data Security Measures: Technical and organizational security measures required to protect the transferred data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights under Indonesian law
9. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches
10. Audit Rights: Rights and procedures for conducting audits to ensure compliance
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Return or Deletion of Data: Obligations regarding data return or deletion upon agreement termination
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
14. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Sub-processing: Include when the data importer may engage sub-processors to handle the personal data
2. Intra-group Transfer Provisions: Include for transfers between entities within the same corporate group
3. Data Localization Requirements: Include when dealing with specific categories of data that must be stored in Indonesia
4. Cross-Border Transfer Mechanisms: Include when transfers involve countries without adequate data protection levels
5. Special Categories of Personal Data: Include when sensitive personal data is being transferred
6. Costs and Compensation: Include when there are specific cost arrangements for the data transfer or processing
7. Insurance Requirements: Include when specific insurance coverage is required for data protection
8. Business Continuity: Include when continuous data access is critical for operations
1. Schedule 1 - Description of Transfer: Detailed description of the data transfer including data categories, purposes, and processing activities
2. Schedule 2 - Technical and Security Measures: Detailed specifications of security measures and technical requirements
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their roles, if applicable
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and mitigation measures for the data transfer
5. Schedule 5 - Data Processing Activities: Detailed description of all processing activities to be performed
6. Appendix A - Contact Points: List of key contacts for operational and emergency matters
7. Appendix B - Standard Operating Procedures: Procedures for routine operations and incident handling
8. Appendix C - Compliance Documentation: Templates and forms for compliance reporting and documentation
Authors
Technology
Financial Services
Healthcare
E-commerce
Telecommunications
Professional Services
Manufacturing
Education
Insurance
Banking
Retail
Cloud Services
Consulting
Business Process Outsourcing
Digital Marketing
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Operations
Data Protection
Information Governance
Regulatory Affairs
Corporate Governance
Technology
Data Management
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Information Security Officer
Privacy Manager
Risk Manager
Operations Director
Chief Technology Officer
General Counsel
Regulatory Compliance Officer
Data Protection Specialist
Information Governance Manager
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