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Data Processing Agreement Template for Indonesia

A Data Processing Agreement (DPA) governed by Indonesian law, particularly Law No. 27 of 2022 on Personal Data Protection, that establishes the terms and conditions under which a data processor will process personal data on behalf of a data controller. This agreement ensures compliance with Indonesian data protection requirements, outlines security measures, defines responsibilities for both parties, and includes provisions for data breach notification, audit rights, and data subject rights. The document addresses specific Indonesian regulatory requirements including data localization, cross-border transfers, and sector-specific obligations where applicable.

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What is a Data Processing Agreement?

This Data Processing Agreement is essential for organizations operating in Indonesia that engage third parties to process personal data on their behalf. The document is required under Law No. 27 of 2022 on Personal Data Protection and related regulations, which mandate specific contractual safeguards for personal data processing activities. The agreement should be used whenever a data controller outsources any processing of personal data to a third party, whether for cloud services, analytics, payroll processing, or other services involving personal data. It includes mandatory provisions for security measures, data breach notifications, sub-processing restrictions, and cross-border data transfers. The agreement must reflect Indonesian-specific requirements such as data localization rules and sector-specific regulations while ensuring practical operability for both parties.

What sections should be included in a Data Processing Agreement?

1. Parties: Identification of the data controller and data processor, including their legal 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 Indonesian PDP Law definitions

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

5. Duration of Processing: Timeline for data processing activities and terms for agreement renewal

6. Obligations of the Data Controller: Responsibilities and duties of the data controller, including providing instructions and ensuring legal basis for processing

7. Obligations of the Data Processor: Detailed processor obligations including security measures, confidentiality, and processing limitations

8. Security Measures: Technical and organizational security measures required to protect personal data

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

10. Data Subject Rights: Procedures for handling data subject requests and assisting the controller

11. Data Breach Notification: Procedures and timelines for reporting data breaches

12. Audit Rights: Controller's right to audit and processor's obligation to demonstrate compliance

13. Termination: Conditions for termination and data handling upon termination

14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

What sections are optional to include in a Data Processing Agreement?

1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including compliance with transfer requirements under PDP Law

2. Sector-Specific Requirements: Additional provisions for specific sectors (e.g., financial services, healthcare) subject to additional regulatory requirements

3. Data Localization Requirements: Specific provisions for compliance with Indonesian data localization requirements, if applicable

4. Insurance Requirements: Specific insurance obligations for data processing activities, if required by the controller

5. Business Continuity: Provisions for ensuring continuity of data processing services in emergency situations

6. Costs and Fees: Required when there are specific fee arrangements for data processing services

What schedules should be included in a Data Processing Agreement?

1. Description of Processing Activities: Detailed list of processing activities, including data categories, purposes, and processing operations

2. Technical and Organizational Security 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 international data transfers, if applicable

5. Service Level Agreement: Specific performance metrics and service levels for data processing activities

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

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

GenieAI

Document Type

Cost

Free to use

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