This Privacy Disclosure Agreement is essential for organizations operating in Indonesia that share, process, or handle personal data. The document is designed to comply with Indonesia's Personal Data Protection Law (PDP Law) of 2022, along with other relevant regulations such as the Electronic Information and Transactions Law and Government Regulation No. 71 of 2019. It should be used whenever organizations need to establish formal arrangements for sharing personal data, whether domestically or across borders. The agreement covers crucial aspects including data protection measures, processing limitations, security requirements, breach notifications, and compliance mechanisms. It is particularly important given Indonesia's strengthened privacy regime and the significant penalties for non-compliance with data protection requirements.
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1. Parties: Identifies the parties to the agreement, including their roles as data controller, data processor, or other relevant designations under Indonesian privacy law
2. Background: Explains the context and purpose of the agreement, including the nature of data sharing relationship
3. Definitions: Defines key terms used in the agreement, aligned with definitions in the PDP Law and other relevant Indonesian regulations
4. Scope and Purpose: Specifies the scope of data disclosure and permitted purposes for data processing
5. Data Protection Principles: Outlines the fundamental principles for processing personal data in accordance with Indonesian law
6. Rights and Obligations: Details the rights and obligations of each party regarding data protection and privacy
7. Security Measures: Specifies required technical and organizational security measures for protecting personal data
8. Confidentiality: Establishes confidentiality obligations regarding the disclosed personal data
9. Data Breach Notification: Procedures for handling and reporting data breaches as required by Indonesian law
10. Term and Termination: Specifies the duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Confirms Indonesian law as governing law and specifies jurisdiction for disputes
12. Signature: Formal execution section for parties to sign the agreement
1. Cross-Border Data Transfer: Required when personal data will be transferred outside Indonesia, addressing specific requirements under PDP Law
2. Third-Party Processors: Include when third-party data processors will be involved in data processing activities
3. Industry-Specific Requirements: Include when agreement relates to specific regulated sectors (e.g., financial services, healthcare)
4. Data Subject Rights Procedures: Detailed procedures for handling data subject rights requests when parties share responsibility
5. Audit Rights: Include when regular audits of data protection compliance are required
6. Insurance Requirements: Include when specific insurance coverage for data protection is required
7. Data Retention and Disposal: Specific requirements for data retention periods and disposal methods
8. Force Majeure: Include when specific provisions for handling data protection during force majeure events are needed
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the agreement
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented to protect personal data
3. Schedule 3 - Authorized Recipients: List of authorized personnel or entities who may access the personal data
4. Schedule 4 - Data Processing Activities: Detailed description of permitted data processing activities
5. Schedule 5 - Sub-processors: List of approved sub-processors and their roles, if applicable
6. Appendix A - Data Transfer Mechanisms: Details of mechanisms used for any cross-border data transfers
7. Appendix B - Breach Response Plan: Detailed procedures for responding to data breaches
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