This Personal Information Confidentiality Agreement is essential for organizations operating in Indonesia that need to share or process personal information while ensuring compliance with Indonesian data protection regulations, particularly the PDP Law (Law No. 27 of 2022). The document should be used whenever parties need to establish clear obligations and responsibilities regarding the handling of personal information, whether in employment relationships, business partnerships, or service provider arrangements. It covers crucial aspects such as data security measures, breach notification procedures, and data subject rights, while incorporating specific Indonesian legal requirements for personal data protection. The agreement is particularly important given Indonesia's strengthened data protection framework and the significant penalties for non-compliance with personal data protection obligations.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and representatives
2. Background: Context of the agreement, relationship between parties, and purpose of sharing personal information
3. Definitions: Key terms including 'Personal Information', 'Confidential Information', 'Processing', 'Data Subject' as defined under Indonesian PDP Law
4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement
5. Obligations of Receiving Party: Specific duties regarding protection, storage, use, and handling of personal information
6. Security Measures: Required technical and organizational measures to protect personal information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
8. Data Subject Rights: Provisions ensuring respect for data subject rights under Indonesian PDP Law
9. Breach Notification: Procedures for reporting and handling data breaches or unauthorized disclosures
10. Term and Termination: Duration of confidentiality obligations and conditions for termination
11. Return or Destruction of Information: Requirements for handling confidential information upon termination
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. International Transfer of Personal Data: Required when personal information may be transferred outside Indonesia, ensuring compliance with cross-border data transfer requirements
2. Industry-Specific Compliance: Additional provisions for specific industry regulations (e.g., healthcare, financial services)
3. Audit Rights: Provisions allowing the disclosing party to audit compliance with the agreement
4. Insurance Requirements: Specific insurance obligations for data protection and cyber liability
5. Sub-processor Arrangements: Terms governing the appointment and obligations of sub-processors, if applicable
6. Data Protection Impact Assessment: Requirements for conducting impact assessments for high-risk processing activities
1. Schedule A - Categories of Personal Information: Detailed list of personal information types covered by the agreement
2. Schedule B - Security Requirements: Specific technical and organizational security measures to be implemented
3. Schedule C - Authorized Personnel: List of personnel authorized to access and process the confidential information
4. Schedule D - Data Processing Activities: Description of permitted processing activities and purposes
5. Schedule E - Breach Response Plan: Detailed procedures for responding to data breaches or unauthorized disclosures
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