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Personal Data Transfer Agreement Template for Indonesia

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Key Requirements PROMPT example:

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."

Document background
The Personal Data Transfer Agreement is essential for organizations transferring personal data within Indonesia or across borders, ensuring compliance with Indonesia's Personal Data Protection Law (PDP Law) and related regulations. This document becomes necessary when organizations need to transfer personal data to other entities, whether within a corporate group or to third parties. It includes detailed provisions on data security measures, privacy protections, breach notification procedures, and compliance requirements specific to Indonesian law. The agreement is particularly important given Indonesia's strict data protection regime, which includes specific requirements for cross-border transfers, data localization, and mandatory registration of electronic system operators with authorities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions













































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Insurance

Banking

Retail

Cloud Services

Consulting

Business Process Outsourcing

Digital Marketing

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Operations

Data Protection

Information Governance

Regulatory Affairs

Corporate Governance

Technology

Data Management

Relevant Roles

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

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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