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Third Party Processor Agreement

Third Party Processor Agreement Template for Indonesia

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Key Requirements PROMPT example:

Third Party Processor Agreement

"I need a Third Party Processor Agreement under Indonesian law for a fintech company that will be processing customer payment data through a cloud service provider, with specific provisions for cross-border data transfers to Singapore and enhanced security measures for financial data."

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Document background
The Third Party Processor Agreement is essential for organizations in Indonesia that outsource their data processing activities to external service providers. This document becomes necessary when an organization (the data controller) engages another entity (the processor) to process personal data on its behalf. The agreement must comply with Indonesia's Personal Data Protection Law (UU PDP) No. 27 of 2022 and related regulations, including Government Regulation No. 71 of 2019 on Electronic Systems and Transactions. It details specific obligations regarding data security, confidentiality, sub-processing, cross-border transfers, and breach notification procedures. This agreement is particularly crucial given Indonesia's strict requirements for data localization and the processing of personal data by third parties.
Suggested Sections

1. Parties: Identification of the Data Controller and the Data Processor, including their legal details and representatives

2. Background: Context of the agreement, relationship between parties, and purpose of data processing

3. Definitions: Key terms used in the agreement, aligned with UU PDP definitions

4. Scope and Purpose of Processing: Detailed description of the processing activities, types of data, and permitted purposes

5. Obligations of the Data Processor: Core responsibilities including security measures, confidentiality, and compliance with instructions

6. Data Controller's Instructions: Parameters for processing activities and mechanism for giving instructions

7. Confidentiality: Confidentiality obligations and personnel requirements

8. Security Measures: Technical and organizational security measures required under UU PDP

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Processor's obligations to assist with data subject requests

11. Personal Data Breach: Breach notification procedures and response requirements

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Cross-border Transfers: Requirements and safeguards for international data transfers

14. Term and Termination: Duration, renewal, and termination provisions

15. Return or Deletion of Data: Obligations regarding data handling upon contract termination

16. Liability and Indemnities: Allocation of risks and responsibilities

17. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction arrangements

Optional Sections

1. Business Continuity and Disaster Recovery: Required for critical processing activities or when handling large volumes of data

2. Insurance Requirements: Specific insurance obligations, recommended for high-risk processing

3. Service Levels: Include when specific performance metrics are required

4. Special Categories of Data: Additional provisions when processing sensitive personal data

5. Financial Terms: Include when payment terms are not covered in a separate service agreement

6. Data Protection Impact Assessment: Required when processing is likely to result in high risks to individuals

7. Local Representative: Required when either party is not established in Indonesia

Suggested Schedules

1. Description of Processing Activities: Detailed information about processing activities, categories of data subjects, and types of personal data

2. Technical and Organizational Security Measures: Specific security requirements and standards to be maintained

3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Specific arrangements for international data transfers

5. Service Levels and KPIs: Detailed performance metrics and measurement criteria

6. Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Contact Details and Escalation Procedures: Key contacts and communication protocols for both parties

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

alex.den.21@genieai.co
Relevant legal definitions

































Clauses






























Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Banking

Cloud Services

Digital Marketing

Human Resources Services

Research and Analytics

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Risk Management

Data Protection

Procurement

Vendor Management

Privacy

Information Technology

Operations

Digital Transformation

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Privacy Manager

Compliance Officer

IT Director

Chief Technology Officer

Procurement Manager

Risk Manager

Information Security Manager

Operations Director

Chief Digital Officer

Vendor Management Officer

Contract 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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