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Data Sharing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Data Sharing Agreement

I need a data sharing agreement between two organizations for the purpose of collaborative research, ensuring compliance with Indonesian data protection laws. The agreement should outline data security measures, specify data usage limitations, and include provisions for data breach notifications and termination of data sharing.

What is a Data Sharing Agreement?

A Data Sharing Agreement spells out the rules and responsibilities when organizations share sensitive information with each other in Indonesia. It covers key details like what data will be shared, how it can be used, security measures required, and who owns the information - all while following Indonesia's Personal Data Protection Law and related regulations.

These agreements protect both parties by setting clear boundaries around data handling, storage, and deletion. They're especially important for Indonesian businesses working with international partners, healthcare providers sharing patient records, or research institutions collaborating on projects. The agreement helps prevent data misuse while ensuring compliance with local privacy laws and sectoral regulations.

When should you use a Data Sharing Agreement?

Use a Data Sharing Agreement when your organization needs to exchange sensitive information with other parties in Indonesia. This is crucial for collaborations between research institutions, healthcare providers sharing patient data, or companies working with third-party data processors. The agreement becomes essential before starting any data exchange, especially when handling personal information protected under Indonesia's PDP Law.

Many situations trigger the need: joining a research consortium, outsourcing data analysis, sharing customer databases during mergers, or participating in government data initiatives. Getting this agreement in place early prevents legal complications, protects both parties' interests, and ensures smooth data flow while maintaining compliance with Indonesian privacy regulations.

What are the different types of Data Sharing Agreement?

Who should typically use a Data Sharing Agreement?

  • Legal Teams: Draft and review Data Sharing Agreements to ensure compliance with Indonesia's PDP Law and sector-specific regulations.
  • Data Protection Officers: Oversee implementation and monitor ongoing compliance with agreement terms.
  • Corporate Executives: Sign and authorize agreements as legal representatives of their organizations.
  • IT Departments: Implement technical safeguards and data handling protocols specified in the agreements.
  • Government Agencies: Review agreements involving public sector data and enforce compliance with national regulations.
  • Third-party Service Providers: Receive and process data according to agreement specifications while maintaining security standards.

How do you write a Data Sharing Agreement?

  • Data Inventory: List all types of data to be shared, including personal information, business data, and sensitive records.
  • Party Details: Gather complete legal names, registration numbers, and authorized representatives of all organizations involved.
  • Purpose Definition: Clearly outline why data sharing is needed and how the information will be used.
  • Security Measures: Document existing data protection protocols and any additional safeguards required.
  • Compliance Check: Review Indonesia's PDP Law requirements and relevant sector-specific regulations.
  • Timeline Planning: Establish data sharing duration, review periods, and termination conditions.
  • Template Selection: Use our platform to generate a customized agreement that incorporates all these elements automatically.

What should be included in a Data Sharing Agreement?

  • Party Identification: Full legal names, addresses, and registration details of all organizations involved.
  • Data Description: Specific types of data being shared, including classification under Indonesia's PDP Law.
  • Purpose Statement: Clear explanation of why data is being shared and permitted uses.
  • Security Protocols: Required safeguards, encryption standards, and access controls.
  • Duration Terms: Agreement period, renewal conditions, and termination rights.
  • Compliance Framework: References to relevant Indonesian data protection laws and sectoral regulations.
  • Breach Procedures: Steps for handling data incidents and notification requirements.
  • Dispute Resolution: Choice of Indonesian law and jurisdiction specifications.

What's the difference between a Data Sharing Agreement and a Data Processing Agreement?

A Data Sharing Agreement differs significantly from a Data Processing Agreement in several key aspects under Indonesian law. While both deal with data handling, their core purposes and applications are distinct.

  • Primary Purpose: Data Sharing Agreements focus on the exchange of data between equal parties, while Data Processing Agreements govern how one party processes data on behalf of another.
  • Legal Relationship: Sharing agreements establish mutual rights between data owners, whereas processing agreements create a controller-processor relationship.
  • Scope of Control: In sharing agreements, both parties typically maintain independent control over the shared data. Processing agreements limit the processor's use to specific authorized activities.
  • Compliance Focus: Sharing agreements emphasize permitted uses and mutual obligations, while processing agreements concentrate on technical and organizational measures for data protection.

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