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Personal Information Processing Agreement
"I need a Personal Information Processing Agreement under Indonesian law for my cloud storage company that will be processing customer data for various Indonesian tech startups, including provisions for cross-border transfers to our data centers in Singapore, to be implemented by March 2025."
1. Parties: Identification of the Data Controller and Data Processor, including their legal representatives
2. Background: Context of the agreement, relationship between parties, and general purpose of the data processing activities
3. Definitions: Key terms used in the agreement, aligned with Indonesian PDP Law definitions
4. Scope and Purpose of Processing: Detailed description of the personal data processing activities and their specific purposes
5. Obligations of the Data Processor: Core responsibilities including processing only on documented instructions, confidentiality, security measures, and subprocessing restrictions
6. Obligations of the Data Controller: Responsibilities including lawful basis for processing, accuracy of data, and providing clear instructions
7. Data Security Measures: Required technical and organizational security measures in compliance with Indonesian regulations
8. Data Subject Rights: Procedures for handling data subject requests and processor's assistance obligations
9. Personal Data Breach Management: Notification requirements and procedures for handling data breaches
10. Audit Rights and Compliance: Controller's right to audit and processor's obligation to demonstrate compliance
11. Term and Termination: Duration of the agreement and conditions for termination
12. Return or Deletion of Data: Obligations regarding personal data upon termination of services
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside Indonesia, including compliance with cross-border transfer requirements under PDP Law
2. Specialized Processing Activities: For specific types of processing such as profiling or automated decision-making
3. Industry-Specific Compliance: Additional requirements for regulated industries such as financial services or healthcare
4. Insurance and Liability: Detailed provisions on insurance requirements and liability caps
5. Business Continuity: Procedures for ensuring continuous data processing in emergency situations
6. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by law
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects, and types of personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by the processor
3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for data processing activities
6. Appendix A - Contact Details: Contact information for data protection officers and key personnel
7. Appendix B - Security Breach Response Plan: Detailed procedures for responding to and reporting data breaches
Authors
Technology
Financial Services
Healthcare
E-commerce
Education
Telecommunications
Professional Services
Manufacturing
Retail
Insurance
Tourism and Hospitality
Transportation and Logistics
Legal
Compliance
Information Security
Privacy
Information Technology
Risk Management
Procurement
Operations
Data Protection
Vendor Management
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Privacy Manager
Risk Manager
IT Director
Chief Information Security Officer
Chief Technology Officer
Procurement Manager
Contract Manager
Chief Legal Officer
Operations Director
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