This Privacy Agreement template is designed for use in Indonesia when establishing a formal arrangement between parties for the processing of personal data. It incorporates requirements from Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and related regulations, making it suitable for both domestic and international organizations operating within Indonesian jurisdiction. The Privacy Agreement is essential when personal data processing activities are undertaken, whether for commercial, service-related, or operational purposes. It outlines the rights and obligations of data controllers and processors, security requirements, data subject rights, and compliance measures. This document is particularly important given Indonesia's strengthened data protection framework and increased regulatory oversight of personal data processing activities.
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1. Parties: Identification of the data controller/processor and the data subject or their representative
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of terms used in the agreement, aligned with Indonesian PDP Law terminology
4. Scope of Personal Data Processing: Specific types of personal data to be collected and processed, and the purposes for processing
5. Rights of the Data Subject: Comprehensive list of data subject rights as per PDP Law, including access, correction, deletion, and data portability
6. Obligations of the Data Controller: Responsibilities and commitments regarding data protection, security measures, and compliance
7. Data Security Measures: Technical and organizational measures implemented to protect personal data
8. Data Retention and Deletion: Periods for which data will be retained and procedures for secure deletion
9. Data Breach Notification: Procedures and timelines for notifying relevant parties in case of data breaches
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
11. Term and Termination: Duration of the agreement and conditions for termination
1. Cross-border Data Transfers: Required when personal data may be transferred outside Indonesia, specifying compliance with PDP Law requirements for international transfers
2. Third-Party Processing: Include when external data processors will be involved in data processing activities
3. Special Categories of Personal Data: Required when processing sensitive personal data as defined in the PDP Law
4. Data Protection Impact Assessment: Include when processing activities may result in high risks to individuals' rights
5. Children's Data Processing: Required when collecting or processing personal data of children under 17 years
6. Direct Marketing Provisions: Include when personal data will be used for marketing purposes
7. Automated Decision Making: Required when implementing automated processing or profiling systems
1. Schedule 1: Categories of Personal Data: Detailed list of all personal data categories to be processed
2. Schedule 2: Technical Security Measures: Specific technical and organizational security measures implemented
3. Schedule 3: Authorized Third-Party Processors: List of approved data processors and their roles
4. Schedule 4: Data Processing Activities: Detailed description of all data processing activities and purposes
5. Schedule 5: Data Retention Schedule: Specific retention periods for different categories of personal data
6. Appendix A: Data Subject Request Forms: Standard forms for data subjects to exercise their rights
7. Appendix B: Data Breach Response Plan: Detailed procedures for handling data breach incidents
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