The Supplier Data Processing Agreement is essential for organizations operating in Indonesia that engage third-party suppliers to process personal data on their behalf. This document has become increasingly critical following the implementation of Indonesia's Personal Data Protection Law (PDP Law) in 2022, which introduced strict requirements for personal data processing activities. The agreement defines the relationship between the data controller and processor, establishing clear responsibilities and obligations for data protection, security measures, and compliance with Indonesian regulations. It is particularly important for cross-border data transfers and when engaging with international service providers. The document should be used whenever a company outsources personal data processing activities to external suppliers, ensuring proper data protection safeguards are in place and maintaining compliance with Indonesian data protection requirements.
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1. Parties: Identification of the parties entering into the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data processing arrangement
3. Definitions: Definitions of key terms used in the agreement, including technical terms and those defined in Indonesian PDP Law
4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data involved, and purposes of processing
5. Roles and Responsibilities: Clear delineation of roles as data controller and data processor, and respective responsibilities
6. Data Protection Obligations: Specific obligations regarding data protection, security measures, and compliance with Indonesian PDP Law
7. Technical and Organizational Measures: Required security measures to protect personal data during processing activities
8. Confidentiality: Obligations regarding confidentiality of processed data and business information
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Data Subject Rights: Procedures for handling data subject requests and supporting the controller in fulfilling data subject rights
11. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Indonesian regulations
12. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance
13. Term and Termination: Duration of the agreement and conditions for termination
14. Return or Deletion of Data: Obligations regarding data handling upon termination of the agreement
15. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
16. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Data Localization Requirements: Specific provisions for data storage and processing location requirements, necessary when dealing with specific categories of data that must be stored in Indonesia
2. Cross-border Data Transfers: Provisions governing international data transfers, required when data processing involves transfers outside Indonesia
3. Sector-Specific Compliance: Additional compliance requirements for specific sectors (e.g., financial services, healthcare), needed when processing sector-regulated data
4. Business Continuity and Disaster Recovery: Specific requirements for ensuring continuous data processing services, important for critical processing activities
5. Insurance Requirements: Specific insurance obligations for the processor, recommended for high-risk processing activities
6. Change Control Procedures: Formal procedures for managing changes to processing activities, recommended for complex processing arrangements
1. Description of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Technical and Organizational Measures: Detailed description of security measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Data Transfer Mechanisms: Details of mechanisms used for any international data transfers
5. Service Level Agreement: Specific performance metrics and service levels for processing activities
6. Security Incident Response Plan: Detailed procedures for handling and reporting security incidents and data breaches
7. Compliance Checklist: Checklist of compliance requirements under Indonesian PDP Law and other relevant regulations
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